berg80
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- Oct 28, 2017
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Special Counsel Jack Smith Is Done With Judge Aileen Cannon And Lets It Show
In a new filing that bluntly confronts U.S. District Judge Aileen Cannon, Special Counsel Jack Smith takes a new tone of incredulousness and disdain for her mishandling of the Mar-a-Lago classified documents case.
The issue at hand is her failure to have yet ruled on Donald Trump’s motion to dismiss based on his inane, unprecedented, and counterfactual reading of the Presidential Records Act. Instead of rejecting the argument out of hand, Cannon not only is entertaining it but ordered the two sides to propose jury instructions based on two different deeply flawed interpretations of the PRA.
That set up an nearly impossible challenge for Smith: How do you draft jury instructions that are so wrong on the law without looking like an idiot, undermining your own case, and pissing of the judge?
The answer: You can’t.
So Smith went all in, no longer trying to placate, educate, or hand-hold Cannon.
Smith ripped her interpretations of the PRA: “both of the Court’s scenarios are fundamentally flawed and any jury instructions that reflect those scenarios would be error.” He said her “legal premise is wrong” and her requested jury instructions “would distort the trial.”
Special Counsel Jack Smith Loses Patience With Judge Aileen Cannon
Not a great idea to antagonize a Trump toady but some things need to be done. She's made it clear she is unqualified to be on this case from the standpoint of experience, an understanding of the law, and a lack of impartiality. Good for Smith that he has called her out.
In a new filing that bluntly confronts U.S. District Judge Aileen Cannon, Special Counsel Jack Smith takes a new tone of incredulousness and disdain for her mishandling of the Mar-a-Lago classified documents case.
The issue at hand is her failure to have yet ruled on Donald Trump’s motion to dismiss based on his inane, unprecedented, and counterfactual reading of the Presidential Records Act. Instead of rejecting the argument out of hand, Cannon not only is entertaining it but ordered the two sides to propose jury instructions based on two different deeply flawed interpretations of the PRA.
That set up an nearly impossible challenge for Smith: How do you draft jury instructions that are so wrong on the law without looking like an idiot, undermining your own case, and pissing of the judge?
The answer: You can’t.
So Smith went all in, no longer trying to placate, educate, or hand-hold Cannon.
Smith ripped her interpretations of the PRA: “both of the Court’s scenarios are fundamentally flawed and any jury instructions that reflect those scenarios would be error.” He said her “legal premise is wrong” and her requested jury instructions “would distort the trial.”
Special Counsel Jack Smith Loses Patience With Judge Aileen Cannon
Not a great idea to antagonize a Trump toady but some things need to be done. She's made it clear she is unqualified to be on this case from the standpoint of experience, an understanding of the law, and a lack of impartiality. Good for Smith that he has called her out.