On Monday, special counsel Jack Smith responded to U.S. District Judge Aileen Cannon’s recent order in Donald Trump’s classified records case, which asked for jury instructions based on flawed legal premises. Smith’s response essentially rejected the judge’s directive. Rather than entertain Cannon’s unusual request, Smith provided accurate jury instructions based on the actual charges and applicable law.
Cannon’s order centered on Trump’s misinterpretation of the Presidential Records Act, which is irrelevant to the case, and relied on the unfounded notion that Trump could magically convert classified government records into his personal property upon leaving the White House.
Jack Smith (Credits: Newsweek)
Cannon’s order seemed absurd and potentially damaging to the case. By avoiding a definitive ruling that prosecutors could appeal and possibly setting the stage to adopt Trump’s claims after jury selection, Cannon’s actions risked derailing the prosecution.
The special counsel has been frustrated with Cannon’s handling of the case, which has resulted in unnecessary delays. Her actions have prompted questions about whether and how Smith could petition the 11th Circuit Court of Appeals to remove her from the case.
Smith’s latest filing indicates a turning point. The government firmly stated that the judge’s legal premise was wrong and urged her to promptly resolve Trump’s arguments regarding the Presidential Records Act to avoid jeopardizing the prosecution’s right to a fair trial.
Trump (Credits: CNN)
Smith’s team hinted at seeking extraordinary intervention by mentioning the possibility of obtaining writs of mandamus from the appellate court. By clearly laying out their intentions, Smith’s team aims to compel Cannon to expedite the resolution of Trump’s frivolous arguments or potentially face removal from the case.
Smith’s latest filing represents an effort to move the prosecution forward swiftly, ensuring a trial before the upcoming election. It presents Cannon with a clear choice: either advance the case or face a challenge to her handling of it.
