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US District Judge Aileen Cannon has expressed openness to Trump’s defense arguments in the ongoing criminal case accusing former President Donald Trump of mishandling classified documents. Initially appointed by then-President Trump, Judge Cannon requested both parties submit jury instructions under two legal scenarios that might benefit Trump’s defense despite criticism from national security lawyers regarding their relevance.

The case, led by Special Counsel Jack Smith against Trump, revolves around charges related to the retention of sensitive records at Trump’s Mar-a-Lago estate upon leaving office in 2021.

Central to the controversy is Trump’s claim, based on a 1978 law, that he regarded the documents as personal property. However, prosecutors challenge this, arguing the documents’ nature as related to US intelligence and military affairs precludes them from being considered personal. Amidst this, Judge Cannon’s directions for jury instruction highlight a potentially lenient stance towards Trump’s defense.

Some experts in national security law have voiced skepticism about the relevance of Trump’s claim to the case, suggesting such arguments might unduly benefit the defense. Others in the legal community have also noted that it is unprecedented for a president to claim federal documents as personal records.

This comes as a trial date remains uncertain. Judge Cannon has yet to decide on a proposed delay, with Trump’s team and prosecutors suggesting a postponement until later in the summer.