Special counsel Jack Smith strongly criticized a recent order by the judge presiding over the case of former President Donald Trump’s alleged mishandling of classified documents, saying that her request for jury instructions from his office and Trump's lawyers is based on a “fundamentally flawed legal premise.”

In a court filing Tuesday, Smith argued that the legal premise behind Judge Aileen Cannon’s request is “wrong” and that it would “distort” the trial, potentially leading to a directed verdict in Trump's favor. The special counsel urged Cannon to “promptly” decide whether the legal premise in question represents a “correct formulation of the law,” and indicated that federal prosecutors would appeal if the judge rules against them.

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