Special Counsel Jack Smith finds himself in a tight spot following Judge Aileen Cannon’s latest decision in the trial concerning former President Donald Trump’s handling of classified documents.
Concerns have been raised by liberal legal pundits over the challenges Smith might encounter if he chooses to challenge Cannon’s recent directives. Cannon, who was appointed by Trump, has faced scrutiny for a series of rulings that appear to lean in favor of the former president.
On Tuesday, Cannon handed Trump a victory in his classified documents case, instructing special counsel Jack Smith to hand over all classified materials to the jury for examination or risk a potential acquittal for Trump.
The crux of the controversy revolves around Trump’s defense, asserting that the Presidential Records Act grants him the authority to designate classified materials as personal property. This defense formed the basis of a motion to dismiss the charges against Trump for removing classified documents from the White House in January 2021.
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However, Cannon’s recent call for “competing scenarios” from both Trump’s and Smith’s legal teams regarding jury instructions about the Presidential Records Act has drawn criticism. This request could sway the jury towards Trump’s interpretation or even lead to Cannon dismissing the case, narrowing Smith’s avenues for appeal.
“Judge Cannon’s peculiar ruling clearly benefits Trump and suggests that she might be out of her depth as a judge,” remarked legal expert Neama Rahmani, a former federal prosecutor, to Newsweek.
“The matter is a legal question that she should decide, not a factual issue for the jury,” Rahmani added, suggesting that Smith is stuck between seeking Cannon’s removal over this matter or risking further trial delays.
Harry Litman, a former Deputy Assistant Attorney General, expressed in the LA Times, “Cannon may have found a tactic that gives Trump the delay he desires and then dismisses the case once a jury has been impaneled — all while avoiding being reprimanded or removed from the case by the 11th Circuit.”
“This leaves Smith with a tough decision. He can comply with the judge’s order and potentially pave the way for dismissing the case irreversibly. Or he can resist, risk Cannon’s displeasure, and attempt to position the prosecution for an appeal if she takes a reviewable action,” Litman concluded. “It’s a difficult decision — especially when the referee seems to be playing for the opposing team.”
Trump has consistently argued that any documents in his possession were declassified under the Presidential Records Act, although former members of his Mar-a-Lago staff have struck plea deals and testified against the Republican leader.
Judge Cannon declined to dismiss the case entirely last week.
This legal quagmire comes at a crucial moment, with potential delays threatening to extend the trial past the upcoming presidential election. If Trump were to secure reelection before the trial concludes, he could potentially influence the Justice Department to drop the case.
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