this post was submitted on 04 Apr 2024
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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.

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[–] [email protected] 8 points 7 months ago

Wake me up when actual consequences follow... So far it has just been a horrible tease

[–] [email protected] 14 points 7 months ago

Yeah. We all are. Her having any part of that case has been a total farce.

[–] [email protected] 6 points 7 months ago* (last edited 7 months ago)

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. 

Can someone inform me how jury instructions are normally created?

This "defendant and prosecutor write your jury instructions" seems like a blatant attempt to get the more favorable one to Trump (the lawyers will always try the most extreme reading) and then try to wipe her hands clean.

[–] [email protected] 24 points 7 months ago (4 children)

She's going to eventually get herself removed from the bench and possibly disbarred for this abusive behavior.

[–] [email protected] 14 points 7 months ago

Then she will get a raise and be on fox news for a decade

[–] [email protected] 11 points 7 months ago (1 children)

She ain't gonna do shit and Trump will never face any real consequences ever except from historians 30 years after the next Great War. After the last literal 11th hour reduced bailout it suddenly became all clarity and nihilistic wisdom to me. Trump has already destroyed America. It's already too late.

[–] [email protected] 5 points 7 months ago (1 children)

Trump didn't destroy the country. He just stepped into the gaping wound that the narcissists that populate this land left open.

[–] [email protected] 6 points 7 months ago

More like he stuck his greedy little hands in there and pulled out the entrails.

[–] [email protected] 21 points 7 months ago

I'll believe it when I see it.

[–] [email protected] 10 points 7 months ago (1 children)

She'll just get a commentator gig on NewsMax, which will likely pay a lot more. Or, she could go to Fox, but would probably have to bleach her hair first.

[–] [email protected] 6 points 7 months ago

Sure, but she won't be an attorney or judge, which is the good thing. NewsMax is a bubble that we can ignore.

[–] [email protected] 29 points 7 months ago (3 children)

i don't want to hear about Jack's feelings, i want to hear about his results

[–] [email protected] 8 points 7 months ago

The article is editorializing through that headline and it is based on the magazine's or the author's interpretation of the filing. No way that Jack Smith has expressed emotions publicly on this matter.

[–] [email protected] 9 points 7 months ago

I Am Jack's Complete Lack of Surprise
I Am Jack's Inflamed Sense of Rejection
I Am Jack's Smirking Revenge

[–] [email protected] 15 points 7 months ago (1 children)

Nah, this is good to hear about - I don't really care about his feelings either but Cannon is a corrupt and incompetent judge.

[–] [email protected] 1 points 7 months ago* (last edited 7 months ago)

Cannon is a corrupt and incompetent judge.

Corrupt, yes, but I'm not so sure about incompetent. If she were incompetent then there would be tricks to help Trump that she missed, but as far as I know she's executed every opportunity for corruption perfectly.

Do you have evidence that she's anything less than a goddamned veritable virtuoso of corrupt traitorousness?

[–] [email protected] 110 points 7 months ago (2 children)

Cannon is doing everything she can to just give Dummy Tbags a win.

Blatant corruption.

[–] [email protected] 13 points 7 months ago

Obstruction of justice*

[–] [email protected] 2 points 7 months ago (2 children)

I guarantee that it'll come back to bite her. The judiciary does not take kindly to rogue judges.

[–] [email protected] 12 points 7 months ago* (last edited 7 months ago)

Ahh yes. Just like all those penalties for Matthew Kacsmaryk that will arrive aaaaany day now.

Federal judges serve for life. There’s not a whole lot anybody can do about this.

[–] [email protected] 10 points 7 months ago (1 children)

What are you basing this on?

[–] [email protected] 1 points 7 months ago (1 children)

Courts self manage their own judges. Usually an appeals court or a state supreme court will punish judges for misconduct. At the Federal level, I'm not sure if it starts at an appeals court or the SCOTUS, but they can definitely punish and remove federal judges as well. Impeachment is also an option, but that's a hard one to do.

[–] [email protected] 8 points 7 months ago

I hear you, and those things seem nice at a glance, but I don't agree with your sense of guarantee. We're seeing an upending of things that "usually" happen, or that "definitely can" happen, especially with "self-managed" entities such as the SCOTUS. Have you seen judges actually get held accountable recently, even locally?

[–] [email protected] 11 points 7 months ago

This is the best summary I could come up with:


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.

“If the Court concludes […] that a President has carte blanche to remove any document from the White House at the end of his presidency; that any document so removed must be treated as a personal record under the PRA as an unreviewable matter of law; and that, also as a matter of law, a former President is forever authorized to possess such a document regardless of how highly classified it may be and how it is stored, that would constitute a “clearly erroneous jury instruction that entails a high probability of failure of a prosecution,” the special counsel added, noting that they would appeal if such a decision were made.

Smith also argued that the proposed scenarios align not with established legal interpretations but with Trump’s post hoc justifications for keeping the documents.

There is no basis in law or fact for that legal presumption, and the Court should reject Trump’s effort to invent one as a vehicle to inject the PRA into this case,” Smith wrote.

Cannon, who was appointed by Trump to the U.S. District Court for the Southern District of Florida in 2020, has been criticized for her apparent indecision and slow-walking of major decisions in the case — allowing Trump’s defense team to languish as the former president seeks to delay his criminal trials through the November election.


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