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Doral, Florida - United States District Judge Aileen Cannon (R-Trump, 2020) is hearing the case brought by the United States Department of Justice against former President Trump alleging that he mishandled classified documents. This case is being heard in the Southern District of Florida, West Palm Beach Division, near Trump’s Mar-a-Lago resort.
Judge Cannon was born in Cali, Colombia, to a Cuban-exile mother and a Hoosier father. She grew up in Miami, attended a Catholic girls’ high school, and graduated with honors from the University of Michigan Law School. She clerked for a federal appellate judge, worked for over a decade in the office of the United States Attorney, and is a married mother of two children.
On Monday evening this week, she ordered federal prosecutors and the defense attorneys to submit proposed jury instructions for the upcoming trial. These instructions should address the issue of “unauthorized possession” by the former President.
The first option for these instructions would require that the jury be permitted to examine all the records retained by the former President in his personal possession at the end of his term, and then to make a finding of fact as to whether the prosecutors have proven, beyond a reasonable doubt, whether such records are personal or presidential. This option will require the prosecutors to show all their evidence to every member of the jury.
The second option acknowledges that a President has sole authority to categorize records as personal or presidential, not subject to review by a court or jury, and that an outgoing President’s decision to exclude certain records from those transmitted to the National Archives and Records Administration, constitutes a Presidents categorization of such records as personal. The prosecutors may appeal Judge Cannon’s order to the United States Court of Appeals in Atlanta, but that would cause more delay, and they are in a hurry to disrupt Trump’s presidential campaign, and try to derail the Trump Train. See: https://miamiindependent.com/trump-train-versus-aragua-train/.
Either way, the prosecutors are put into a corner, having to concede the President’s sole authority to categorize classified documents. No other President or member of the executive branch has ever been subjected to prosecution on similar facts as this case against former President Trump. This is true even in cases where they have mishandled official documents, and lacked the presidential power to declassify documents. Secretary of State Clinton and Vice President Biden both violated the law with respect to their handling of classified documents, yet they have not been subjected to prosecution.
Accordingly, the true lesson from this documents case against former President Trump is that the government is ignoring the rule of law and its requirement of equal treatment thereunder. Instead, the government is engaged in selective prosecution, not only in this federal documents case, but also in the federal case on the alleged insurrection in the District of Columbia, the New York case for a Non-Disclosure Agreement, the Georgia case for activities related to Racketeer-Influenced and Corrupt Organizations, the New York case for the valuation of properties subject to mortgages securing bank loans, and the New York case for goings on in Bergdorf Goodman.
Democrats claim that Trump is a threat to “our democracy,” but by that they mean their control of government. See: https://miamiindependent.com/democratic-as-in-the-german-democratic-republic/. As Lavrenti Beria, Stalin’s chief of the secret police, is reported to have said: Show me the man, and I’ll show you the crime.
