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.
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.
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.
He going appeal no matter what Jack does. Trump will delay, delay, delay.
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.