Special Counsel Jack Smith attacked Judge Eileen Cannon in a filing late Tuesday in the Justice Department’s case against former President Donald Trump, which alleges he mishandled classified material after leaving office. .
Smith’s team came after both sides requested draft language for possible jury instructions that would accept Trump’s claim that Cannon had broad authority to obtain classified government documents. , accused Cannon of being “fundamentally flawed” in his understanding of the incident. Smith’s team also threatened to seek review from the Court of Appeals.
Mr Cannon asked both sides for guidance on two scenarios. One will instruct jurors to evaluate whether the records fall into the “personal” or “presidential” category, and the other will tell jurors to decide whether Trump will be able to obtain the records he wants. It assumes that you have authority. White House.
“Both scenarios are based on an unstated and fundamentally flawed legal premise: The Presidential Records Act, particularly its distinction between ‘personal’ and ‘presidential’ records, is based on an unstated and fundamentally flawed legal premise. It determines whether a person is “authorized” based on the following: Possession of highly classified documents and storage in an unsafe facility,” Smith’s team wrote in the filing.
Trump’s lawyers argue that the former president has broad authority to designate any records from his time in office as personal and that the lawsuit should be dismissed. Smith’s team called the argument “pure fiction.”
Smith’s team believes the court should rule on whether the Presidential Records Act and the distinction between personal records and presidential records apply to this case, and in doing so, if it concludes that they do. said the decision could be appealed before the case goes to trial. Trump could be acquitted.
Mr. Smith’s attack on the big guns of President Trump’s appointments comes as Trump’s critics accuse him of attacking Judges Arthur Engoron and Juan Machan in two other cases against Mr. Smith. I was disappointed.
Judge Arthur Engoron poses for a photo in a New York courtroom on Thursday, September 28, 2023. Starting Monday, Oct. 2, Judge Engoron is scheduled to preside over a non-jury trial in Manhattan to resolve the remaining claims in New York State. Attorney General Letizia James said former President Donald Trump, his company, A lawsuit is being filed against the executives. (AP Photo/Seth Wenig)
Judge Juan Marchan poses for a photo in his New York courtroom on Thursday, March 14, 2024. Judge Machan could become the first judge to oversee the criminal trial of a former U.S. president. He is presiding over Donald Trump’s hush money case in New York. (AP Photo/Seth Wenig)
Columnist Julie Kelly wrote in X that Smith’s filing “clearly means the gloves are off between the Justice Department and Judge Cannon.”
“One defense attorney told me, ‘The tone Smith is taking against Cannon is no longer one of persuasion, but of outright intimidation. It’s an unprecedented dynamic between the Justice Department and the bench,'” she said. He added, calling Smith’s reaction “hysterical.”
Jack Smith’s reaction is hysterical (despite not in the funny sense) because he knows he has little control over her decisions related to the final jury instructions.
And he claims Obama is the basis for President Trump’s “misappropriation” of defense supplies… pic.twitter.com/uVr0qxy8ex
— Julie Kelly🇺🇸 (@julie_kelly2) April 3, 2024
Mike Davis, founder of the legal advocacy group Article III Project, commented on the double standard of Democrats being furious over President Trump’s attacks on judges and Democrats’ attacks on Cannon.
“When President Trump brings up evidence of political bias on the part of judges, Democrats act like it’s a ‘threat of violence.’” hysterical attack on a judge and then say nothing after receiving death threats as a result.”
When President Trump brings up evidence of a judge’s political bias, Democrats act like it’s a “threat of violence.”
But when these Democrats hysterically attack another judge in an effort to give Trump a fair trial, they say nothing after receiving death threats as a result.https://t.co/gmsLWfDVLM
— 🇺🇸Mike Davis🇺🇸 (@mrddmia) April 3, 2024
Trump faces more than 40 charges stemming from the documents scandal.
Follow Christina Wong’s “X” on Breitbart News. society of truth,or Facebook.
