Trump and prosecutors in the classified documents case have been told to draft jury instructions that could result in ensuring acquittal

The federal judge overseeing Donald Trump’s prosecution on charges of retaining classified documents appears to be entertaining his most brazen defenses that could ultimately result in ensuring the acquittal of the former president.

The issue revolves around an order from the US district judge Aileen Cannon on Monday asking Trump and prosecutors in the office of the special counsel Jack Smith to draft jury instructions for two scenarios that gave extraordinary credit to Trump’s defense theories.

The two jury instruction scenarios, as conceived by Cannon, were so beneficial to Trump and so potentially incorrect on the law of the Espionage Act that it would bring into serious doubt whether it made sense for prosecutors to take the case to trial.