April 5, 2024

Smith Rebuked by Judge Cannon in Ruling

Special Counsel Jack Smith has been visibly frustrated by rulings in the classified documents case by Judge Aileen Cannon, a Trump-appointed Judge.

This week, she ruled against a Trump motion to have the case dismissed.

However, in doing so, she blasted the special counsel over his “unprecedented” demands.

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Donald Trump’s attorneys had filed a motion to dismiss the case based on the Presidential Records Act (PRA).

His attorneys claimed that the law gave “unreviewable discretion on President Trump to designate the records at issue as personal.”

Cannon denied the motion, but she did not do so with prejudice, which means the door is open for Trump’s legal team to file a motion using this premise again if and when Trump’s trial takes place.

That, however, did not sit well with Smith.

Smith demanded Cannon make a final ruling on the issue so prosecutors could appeal her ruling now if needed.

Cannon called Smith’s demand “unprecedented and unjust.”

Cannon explained her ruling, stating that the first 32 counts filed by Smith “make no reference to the Presidential Records Act, nor do they rely on that statute for purposes of stating an offense.”

There is now significant speculation that Smith will eventually file to have Cannon removed from the case, citing the numerous rulings she has made that were overturned on appeal.

There is also the latest outrage over Cannon’s guidelines given to both sides regarding her scenarios for the jury instructions, which some legal experts believe hamstrings Smith and will make it virtually impossible for Smith to get an guilty verdict from the jury.

Now the question is if the case will ever see the inside of a courtroom because Cannon has all but rejected Smith’s proposal for a July start date for the trial.

My guess is that if they cannot get a trial date before September, the trial will be pushed back until after the election, which would then put it in jeopardy of ever seeing the inside of a courtroom.

The general belief is that if Trump wins the White House, his AG will order all these federal indictments against Trump to be dropped, which could open up talks of a third impeachment against Trump.

But I am sure that Trump would rather be impeached again than stand to spend the rest of his life in jail if he is found guilty in any of these cases.

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