Episode 71 | Post Hoc Legal Invention

This week; Jack Smith responds sharply to Judge Cannon's order to write jury instructions based on the Presidential Records Act (PRA); Cannon denies Trump’s Motion to Dismiss based on the PRA, but doesn’t rule that he cannot try to use it as a defense.

The American College of Trial Lawyers release a statement condemning Trump’s dangerous rhetoric as a risk to democracy.

Plus, a couple of listener questions, and more!

Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered? | Lawfare

https://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered

Brian Greer’s Quick Guide to CIPA
https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/

AMICI CURIAE to the District Court of DC

https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-Curiae-in-Support-of-Governments-Proposed-Trial-Date.pdf

Good to know:

Rule 403b
https://www.law.cornell.edu/rules/fre/rule_403

18 U.S. Code § 1512
https://www.law.cornell.edu/uscode/text/18/1512

Prior Restraint
Prior Restraint | Wex | US Law | LII / Legal Information Institute

Brady Material

Brady Rule | US Law |Cornell Law School | Legal Information Institute

https://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guilt

Jenks

Jencks Material | Thomson Reuters Practical Law Glossary

https://content.next.westlaw.com/Glossary/PracticalLaw/I87bcf994d05a11e598dc8b09b4f043e0?transitionType=Default&contextData=(sc.Default)

Giglio

https://definitions.uslegal.com/g/giglio-information/

Statutes:

18 U.S.C. § 241 | Conspiracy Against Rights
18 U.S.C. § 371 | Conspiracy to Defraud the United States | JM | Department of Justice
18 U.S.C. § 1512 | Tampering With Victims, Witnesses, Or Informants

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