Political Cartoon

1712361980402.png
 
BREAKING: Special Counsel Jack Smith takes the gloves off and goes after shady MAGA Judge Aileen Cannon, ripping into her for her "fundamentally flawed" understanding of the case and orders that have "no basis in law or fact."

But it gets even better...

In his strongest words to date, Smith wrote in court filings that Cannon — who was appointed by Trump when he was president — doesn't appear to understand the classified documents case.

Smith and his team criticized Cannon's absurd request for them to prepare jury instructions that take into consideration Trump's false claim that he had the authority to take the classified documents. They have said that they will seek assistance from an appeals court if Cannon reifies Trump's baseless claims.

Last month, Cannon made the highly unusual request that attorneys prepare two versions of possible jury instructions, including the aforementioned one which would assume that Trump had total authority to take any documents he wanted from the White House.

"Both scenarios rest on an unstated and fundamentally flawed legal premise — namely, that the Presidential Records Act and in particular its distinction between ‘personal’ and ‘Presidential’ records, determines whether a former President is ‘authorized,’ under the Espionage Act, to possess highly classified documents and store them in an unsecure facility," wrote Smith's team.

Smith stated that Cannon is pursuing a "fundamentally flawed legal premise" because the PRA does not override Section 793 of the Espionage Act that Trump is accused of violating.

"That legal premise is wrong, and a jury instruction for Section 793 that reflects that premise would distort the trial," wrote Smith wrote, adding that The Presidential Records Act "should not play any role at trial at all."

Crucially, the prosecutors pointed out that the PRA doesn't apply in any case, because Trump took the documents AFTER he left the presidency.

The fact that Judge Cannon has not yet been replaced in this case is an insult to our judicial system. She was appointed by Trump, this is the definition of a conflict of interest.

May be an image of 3 people and the Oval Office



 

Forum List

Back
Top