Hi everyone it is 4 o'clock in New York I'm Amen Mahidin in for Nicole Wallace and as we come on the air we are following growing questions about the federal

judge overseeing one of the disgrace twice impeached four times indicted ex

president's many many many, many legal cases.

And of course, we are talking about the classified documents

case involving allegations.

The former president hoarded highly classified

documents in bathrooms and the ballroom down at Maralago and federal judge

Aileen Cannon the Trump appointed lawyer who came to this case with only three

years on the bench and with very little experience in running criminal trials.

Cannon, whose rulings in the case so far have repeatedly drawn scrutiny and rebukes and reversals

by higher courts.

And now, Judge Cannon is under fire once again for what the

Washington Post diplomatically calls a quote unusual order regarding

jury instructions. Quote even though Cannon has not yet ruled on when the trial will be held or a host of other issues, she is

skipping ahead to the very end to jury instructions, asking prosecutors and defense attorneys to consider two different hypothetical situations, writing in part, quote, in the first scenario the jury would be allowed to review a former president's possession of a record and make a factual

finding whether it is personal or presidential using the definition set forth in the Presidential

Records Act.

The second scenario is one in which a president has sole authority to categorize records

as personal or presidential.

And as the Washington Post points out, that second

hypothetical would appear to be one in which Trump seemingly could not be

convicted under almost any set of facts of improperly possessing classified documents.

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