For these reasons, accepting the allegations of the Superseding Indictment as true, the Presidential Records Act does not provide a pre-trial basis to dismiss under Rule 12(b)(3)(B)(v)-either as to Counts 1 through 32 or as to the remaining counts, all of which state cognizable offenses.
The Court declines that demand as unprecedented and unjust... a genuine attempt, in the context of the upcoming trial, to better understand the parties' competing positions and the questions to be submitted to the jury in this complex case of first impression.
#presidential-records-act #dismissal-of-charges #jury-instructions #legal-proceedings #verification-check
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