In a scathing filing, the special counsel pushed back on Judge Aileen Cannon’s interpretations of laws that could define the case against Trump

Special Counsel Jack Smith went toe-to-toe with U.S. District Judge Aileen Cannon over her requests for jury instructions in Donald Trump’s classified documents case.

In a scathing filing submitted Tuesday, Smith accused Cannon of operating on an “unstated and fundamentally flawed legal premise” when she requested that the parties in the case draft different versions of their proposed jury instructions based on their competing interpretations of laws governing classified materials and presidential records.

Trump has argued that his retention of classified documents after his ouster from the White House was perfectly legal. Claiming that he both unilaterally telepathically declassified the documents, and that they were simply personal records he was already authorized to take. The former president’s trial on 40 charges related to his alleged mishandling of the documents is scheduled to begin in May, but will likely be delayed.

  • snooggums
    link
    fedilink
    English
    arrow-up
    65
    arrow-down
    1
    ·
    2 months ago

    Jack most likely saw it coming, he has just been following court protocols which requires the judge to do the dumb thing first and he needs to respond to it.

    • dhork@lemmy.world
      link
      fedilink
      English
      arrow-up
      42
      ·
      2 months ago

      Yeah, look at the man’s resume. He’s prosecuted politicians, spies, and big names. He worked at the Hague for a while and prosecuted actual war criminals from the war in Kosovo.

      He’s had plenty of experience figuring out ways around blatant government corruption. I bet he never dreamed he’d have to use those tactics in Florida, though.

    • Boddhisatva@lemmy.world
      link
      fedilink
      arrow-up
      12
      ·
      2 months ago

      He’s following the rules and being perfectly thorough. He is dotting every “i” and crossing every “t” and he is doing it because if he does any less he leaves unnecessary doors open for Trump to appeal the case if he looses. I just hope that Jack Smith’s competence is enough to counter Cannon’s malfeasance.

      • stoly@lemmy.world
        link
        fedilink
        arrow-up
        7
        ·
        edit-2
        2 months ago

        And this is also why it takes him time to respond whereas Trump’s lawyers are just spraying spaghetti at the court in hopes that some of it sticks to a wall somewhere.

        • Boddhisatva@lemmy.world
          link
          fedilink
          arrow-up
          2
          ·
          2 months ago

          Be that as it may, it would be foolish to try and rush things and risk giving the defense a valid reason to appeal. Slow and steady wins this race.