Smith's patience has expired.

[Oddball]

The Court has issued an order (ECF No. 407) directing the parties to file preliminary proposed jury instructions and verdict forms for Counts 1-32 of the Superseding Indictment, with a specific requirement that the parties “engage with [two] competing scenarios and offer alternative draft text that assumes each scenario to be a correct formulation of the law to be issued to the jury.” Both scenarios rest on an unstated and fundamentally flawed legal premise—namely, that the Presidential Records Act (“PRA”), and in particular its distinction between “personal” and“ Presidential” records, see 44 U.S.C. § 2201 (2), (3), determines whether a former President is“[]authorized,” under the Espionage Act, 18 U.S.C. § 793(e), to possess highly classified documents and store them in an unsecure facility, despite contrary rules in Executive Order (“EO”)13526, which governs the possession and storage of classified information.

That legal premise is wrong, and a jury instruction for Section 793 that reflects that premise would distort the trial.

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.428.0_1.pdf

 

[marvin martian]

Never made that claim. Go fuck yourself.

Of course you did, hack.

You'll believe literally anything the regime tells you, dumbfuck.

 

[1srelluc]

Smith needs to "expire".

 

[ColonelAngus]

Unless it is this Smith…I aint skeered.

 

[d0gbreath]

It seems increasingly likely that if Judge Cannon rules for Trump on any of these matters, Smith’s team might respond by seeking its first appeal since the indictment in the case was handed up in June. Prosecutors have already shown their frustration with the judge, accusing her in recent court papers of having committed a “clear error” after she initially agreed to let Trump’s lawyers release the witnesses’ names — a move that she quickly put on hold after the government complained.

A Trump Judge Under Scrutiny (Published 2024)

Aileen Cannon is facing a series of tests in the classified documents case.

www.nytimes.com

Pinning your hopes on the election does nothing to undermine the factual case Smith has compiled against Dear Leader.

The cases against the former grifter, and the election are separate entities. I was glad when the Supremes kept DJ on the ballots. He needs his ass kicked fair and square. It's the whole "Trump is living in your head rent free" meme that needs to die.

 

[berg80]

Of course you did, hack.

You'll believe literally anything the regime tells you, dumbfuck.

You're making things up. Go fuck yourself.

 

[Oddball]

The legal harassment is collapsing all around the monbats, and they're flying clean out of their belfrys!

 

[marvin martian]

You're making things up. Go fuck yourself.

Why are you so ashamed that you believe Trump carjacked the Secret Service? The DemoKKKrat party depends on your incurious stupidity.

Don't let them down.

 

[Curried Goats]

Why are you so ashamed that you believe Trump carjacked the Secret Service? The DemoKKKrat party depends on your incurious stupidity.

Don't let them down.

It's your arguments that rely on transparently frail cosplay.

 

[Doc7505]

In an open display of frustration, federal prosecutors on Tuesday night told the judge overseeing former President Donald J. Trump’s classified documents case that a “fundamentally flawed” order she had issued was causing delays and asked her to quickly resolve a critical dispute about one of Mr. Trump’s defenses — leaving them time to appeal if needed.

The unusual and risky move by the prosecutors, contained in a 24-page filing, signaled their mounting impatience with the judge, Aileen M. Cannon, who has allowed the case to become bogged down in a logjam of unresolved issues and curious procedural requests. It was the most directly prosecutors have confronted Judge Cannon’s legal reasoning and unhurried pace, which have called into question whether a trial will take place before the election in November even though both sides say they could be ready for one by summer.

Frustrated Prosecutors Ask Trump Documents Judge to Act on Key Claim

The push for a quick decision on one of the former president’s most far-fetched claims is an unusual and risky move in a case Judge Aileen Cannon has allowed to become bogged down.

www.nytimes.com

She's a hack. What else would you expect from a last minute appointment by Trump?

~~~~~~

Jack Smith Issues Veiled Threat to Judge Cannon Over Her Jury Instructions in Trump Classified Docs Case​

BREAKING: Jack Smith Issues Veiled Threat to Judge Cannon Over Her Jury Instructions in Trump Classified Docs Case | The Gateway Pundit | by Cristina Laila

Special Counsel Jack Smith issued a veiled threat to Judge Aileen Cannon in response to her jury instructions.

www.thegatewaypundit.com

3 Apr 2024 ~~ By Cristina Laila


Cannon gave two options for jury instructions.
The first option:

In a prosecution of a former president for allegedly retaining documents in violation of 18 U.S.C. § 793(e), a jury is permitted to examine a record retained by a former president in his/her personal possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential using the definitions set forth in the Presidential Records Act (PRA).​

The second option is:

A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision. Although there is no formal means in the PRA by which a president is to make that categorization, an outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.​

Jack Smith responded to Cannon’s jury instruction order with a veiled threat: Do things his way or he’s going to seek “mandamus” at the appellate court so they can tell her what to do with the jury instructions!


Commentary:
The outcome of this either or decision left to Jack Smith opens the door to Biden's culpabilty in his retention of Confidential and highly secret SCIF documents while Senator and Vice-president.
Fact be known is that Jack Smith's case is disintegrating and he wishes he never started it.
The fact is that Jack Smith never obtained Senate confirmation and is the illegally appointed.
He may be hoping she will kick the whole case out.
Democrat Neo-Marxists aren’t used to being told "No!".

 

[Curried Goats]

~~~~~~

Jack Smith Issues Veiled Threat to Judge Cannon Over Her Jury Instructions in Trump Classified Docs Case​

BREAKING: Jack Smith Issues Veiled Threat to Judge Cannon Over Her Jury Instructions in Trump Classified Docs Case | The Gateway Pundit | by Cristina Laila

Special Counsel Jack Smith issued a veiled threat to Judge Aileen Cannon in response to her jury instructions.

www.thegatewaypundit.com

3 Apr 2024 ~~ By Cristina Laila


Cannon gave two options for jury instructions.
The first option:

In a prosecution of a former president for allegedly retaining documents in violation of 18 U.S.C. § 793(e), a jury is permitted to examine a record retained by a former president in his/her personal possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential using the definitions set forth in the Presidential Records Act (PRA).​

The second option is:

A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision. Although there is no formal means in the PRA by which a president is to make that categorization, an outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.​

Jack Smith responded to Cannon’s jury instruction order with a veiled threat: Do things his way or he’s going to seek “mandamus” at the appellate court so they can tell her what to do with the jury instructions!


Commentary:
The outcome of this either or decision left to Jack Smith opens the door to Biden's culpabilty in his retention of Confidential and highly secret SCIF documents while Senator and Vice-president.
Fact be known is that Jack Smith's case is disintegrating and he wishes he never started it.
The fact is that Jack Smith never obtained Senate confirmation and is the illegally appointed.
He may be hoping she will kick the whole case out.
Democrat Neo-Marxists aren’t used to being told "No!".

More frail cosplay.

 

[MagicMike]

Cry harder corrupt Dems

Seems like MAGAt Trumptards are the only ones crying these days.

 

[LordBrownTrout]

Smith is just another liberal rag hack. He's had multiple decisions overturned.

 

[Lakhota]

 

[Dragonlady]

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.

Trump is charged under the Espionage Act, not the Presidential Records Act, so why did she even ask for jury instructions on charges that don't even apply to the case???

 

[blackhawk]

The irony in this thread is truly hilarious.

 

[BluesLegend]

Seems like MAGAt Trumptards are the only ones crying these days.

Said nobody with a brain fool. Breaking, Dems panic and beg SCOTUS justice to retire now before Trump returns to the White House.

 

[Harry Dresden]

True.

Cannon is clearly a corrupt, partisan, and incompetent jurist – this fact is well documented.

jones calling someone a partisan?......geezus jones you are a hypocrite....

 

[kyzr]

Cannon should smack Smith down with a gag order, just sayin.

 

[Fort Fun Indiana]

Is this guy still milking the taxpayer? At least Cheney gave up after a few months.

That guy is at the top of his field and is internationally respected.

His work led to a pile of felony charges for the traitor expresid3nt, who is internationally reviled and has never accomplished anything except for enriching himself to the detriment of others.