Special Counsel Jack Smith expressed dissatisfaction with U.S. District Judge Aileen Cannon’s handling of his classified documents criminal case against former President Donald Trump.
In a recent legal filing, Smith’s office criticized Cannon’s decisions and urged prompt action, threatening a pre-trial appeal if the prosecutor disagreed with her rulings. Politico reported that this led to a strong response from the judge towards Smith.
The clash between Smith and Cannon is likely to intensify allegations from the left that the judge, appointed by Trump in 2020, is biased in favor of the ex-president in how she is managing the criminal case against him.
The issues surrounding this incident can be traced back to a March 18 directive from Judge Cannon, requesting jury instructions based on two scenarios related to former President Trump’s claim of authority under the Presidential Records Act for his alleged criminal actions.
The first scenario involves determining if classified documents in Trump’s possession post-presidency were “presidential” rather than “personal” under the PRA.
The second scenario suggests that presidents have exclusive authority, not subject to court or jury review, to classify documents as “personal” or “presidential” for record-keeping purposes.
In response on April 2, Special Counsel Smith’s office criticized the judge for adopting these scenarios based on Trump’s flawed legal premise that the PRA supersedes the Espionage Act provision he was charged with, warning that presenting this incorrect premise to the jury could distort the trial.
The prosecution contended that the PRA should not have any impact on the trial proceedings. However, if the Court disagrees and allows it to be considered, they insisted that Smith should be informed well before the trial to give the government a chance to pursue appellate review.
The filing also criticized the judge for considering Trump’s PRA defense claim, which the prosecution strongly opposes, while also providing proposed jury instructions based on what they view as flawed legal reasoning in the Court’s order.
Only two days following Special Counsel Smith’s response filing, Judge Cannon issued an order on April 4 denying former President Trump’s motion to dismiss the charges on the basis of his PRA defense claim. However, this denial was only on a “pre-trial basis,” suggesting that Trump could potentially raise the defense again in the future.
In the same order, the judge addressed Smith’s criticisms, calls for immediate action, and warnings of pre-trial appeal. It was evident that she was displeased with the circumstances surrounding the case.
“Separately, to the extent the Special Counsel demands an anticipatory finalization of jury instructions prior to trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence, the Court declines that demand as unprecedented and unjust,” Cannon wrote.
“The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case,” she continued. “Nor should it be interpreted as anything other than what it was: 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.”
As for Special Counsel Smith’s threats of immediate appeal if he doesn’t like how Judge Cannon ultimately rules on certain pre-trial motions, she added, “As always, any party remains free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law.”
Progressive legal experts have already started advising Smith to follow through on his warnings and seek the appeals court’s intervention to overturn Cannon’s decision, or even request her replacement with a different judge who may be more sympathetic to the federal prosecutors.
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Smith is the pot calling the kettle black….
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Hey, Jack Smith, you blind duck in a hailstorm, where is your ‘indictment’ of Joltin’ demented, corrupt, Joe Biden? That ‘former’ Senator, or ‘former’ Vice President, is absootootly GUILTY as sin for taking classified documents that he was NOT authorized to do in any instance! It isn’t even a CLOSE CALL. As John Stossel would say, “GIVE ME A BREAK.”
Jack Off Smith isn’t a duly selected prosecuter much less an honest man.
Why is that bastard still alive.?
Had he been a prosecuter going after Hitlery or that Anti-American Communist Muslim Obama or That Illegitimate shit head Biden he’d be dead with a bullet in the back of his head and it would be reported as a suicide.
Just like all all of Hitlery’s enemies.
What a shame that’s not happening right now.
Smith is Rigged Left by Satan
Smith was never confirmed by the congress as a special anything, he shouldn’t even be in court!
But beside the real laws, why doesn’t Jack and the AG just have Cannon fired by Chief justice Roberts, the democrats have him by the short hairs, he is compromised by them!
Bravo divide the Dems on this case alone
Drop the charges
We WIN
Communist Democrats are a different kind of Stupid.
boing, boing, smith wants a new kangaroo court in his favor, NOPE.
Expose the filthy shit eating muthrfkr. Guaranteed he is a pervert with a past of gay bars, pedophile clubs, animal sex etc. Dox him, make him pay. Play the same way they do. But instead of lies like them do it with the truth. Make him cry and beg, destroy the pig
Obama and Clinton better start praying that Trump wins in court because they will be destroyed next if Trump loses this case. Both of them have a big stake in this judgement can’t wait to see them squirm when this hearing starts. Hold on to your hats this is going to be great can the two of the claim they are brain dead like Biden did. Hillary and Michael would love to see their husbands locked up.