Special counsel blasts judge’s jury instruction request in Trump documents case

[Social Media]

 

In a sharp rebuke to Judge Aileen Cannon's handling of the classified documents case against former President Donald Trump, special counsel Jack Smith criticized the judge's recent request for jury instructions, calling it "fundamentally flawed" and lacking any legal or factual basis.

 

Smith's team strongly opposed Cannon's request for jury instructions that would incorporate Trump's claims of broad authority to handle classified government documents. They argued that accepting Trump's arguments about his record-retention powers would distort the trial and undermine the prosecution's case.

 

Cannon had asked attorneys to submit briefs on potential jury instructions defining terms of the Espionage Act, under which Trump is charged over mishandling 32 classified records. She requested two versions of proposed jury instructions—one based on the categories of "personal" or "presidential" records outlined in the Presidential Records Act, and another assuming Trump's complete authority to take any records he wanted from the White House.

 

Smith's team criticized both scenarios, stating that they rested on a flawed legal premise and would lead to an unfair trial. They warned that if Cannon accepted Trump's arguments, they would seek appellate review.

 

Trump's defense attorneys, in their proposed jury instructions, argued that he was authorized to possess certain documents classified as "personal records" under the Presidential Records Act. They also challenged Smith's ability to prove that Trump knowingly kept the documents, citing difficulties in recording past mental states.

 

Prosecutors countered Trump's claims, stating that the Presidential Records Act was not relevant to the charges as the alleged conduct occurred after his presidency. They argued that Trump's assertion of deeming the records personal was fabricated after the National Archives retrieved the classified information from Mar-a-Lago.

 

The filings also revealed evidence collected by investigators regarding Trump's record-keeping habits during his presidency. Prosecutors highlighted that there was no evidence of Trump designating the relevant classified records as personal when he left the White House.

While Cannon appeared skeptical of dismissing the case outright, she acknowledged Trump's attorneys' forceful arguments. Her request for hypothetical jury instructions indicates ongoing consideration of the role of the Presidential Records Act in the case.

 

The developments underscore the contentious legal battle surrounding the handling of classified documents and the broader implications for presidential record-keeping.

 

04.04.24

Source

 

[Tug]

They need to get an unbiased judge on this and they need to review judge cannon’s mishandling and delaying of this case

[Chomper Higgot]

1 hour ago, Tug said:

They need to get an unbiased judge on this and they need to review judge cannon’s mishandling and delaying of this case

Which is precisely what Jack Smith is laying the groundwork’s for.

 

Judge Cannon’s ruling is without any legal basis, it doesn’t rely on a single bit of case law, makes zero reference to any law, ruling or precedent.

 

What her ruling does do is demonstrate bias in favor of the defendant.

 

And there only needs to be ‘an appearance of bias’ to warrant recusal.

 

 

[Danderman123]

Is Judge Cannon biased or just incompetent?

[still kicking]

55 minutes ago, Danderman123 said:

Is Judge Cannon biased or just incompetent?

Both.

[mogandave]

Yes, only judges that hate Trump and are willing to do anything to see him convicted can be unbiased. 

 

 

[candide]

26 minutes ago, still kicking said:

Both.

That's exactly her problem! She's too incompetent to rig it properly (from a legal POV). 😀

[cmjl]

So what is the difference between the documents that D.T had at his home and the ones that were found at the Biden residence which seems to have gone quiet or been swept under the carpet

[candide]

8 minutes ago, cmjl said:

So what is the difference between the documents that D.T had at his home and the ones that were found at the Biden residence which seems to have gone quiet or been swept under the carpet

Easy question. Trump refused to give some documents back, hid them, and lied about it. (to keep it simple). For more details, you can use Google.

[still kicking]

15 minutes ago, candide said:

Easy question. Trump refused to give some documents back, hid them, and lied about it. (to keep it simple). For more details, you can use Google.

Some people just don't get it.

[candide]

6 minutes ago, still kicking said:

Some people just don't get it.

Only a few people may really not get it. Most pro-MAGA posters here just pretend they don't understand because they have no other argument and/or are trolling!

[Tug]

2 hours ago, candide said:

Only a few people may really not get it. Most pro-MAGA posters here just pretend they don't understand because they have no other argument and/or are trolling!

BINGO!!but here’s the rub how pray tell can they continue to support a person who so blatantly put our national security at risk who supports Putin over the United states and our allies not to mention the disrespect paid to our vets and POWs im truly gobsmacked it’s soooo obvious……

[jerrymahoney]

Cannon shoots down Trump’s presidential records act claim
The ruling may cool a looming standoff between special counsel Jack Smith and the judge

 

April 4, 2024 at 3:04 p.m. EDT via Washington Post

 

U.S. District Court Judge Aileen Cannon on Thursday rejected Donald Trump’s bid to have his charges of mishandling classified documents dismissed on the grounds that a federal records law protected him from prosecution. The judge also defended her handling of the issue, which had frustrated prosecutors.

 

https://archive.is/S1Ex9#selection-673.0-673.304

[Danderman123]

7 hours ago, cmjl said:

So what is the difference between the documents that D.T had at his home and the ones that were found at the Biden residence which seems to have gone quiet or been swept under the carpet

Biden's staff found a handful of classified documents mixed in with 1000s of other papers, and returned the documents immediately.

 

Trump took boxes of classified documents, refused to return them after receiving a subpeona, then returned some while claiming that all had been returned. He hid the remaining boxes, which required an FBI raid to secure.

 

It's not unusual for a Trump supporter to not know the basic facts of a case. That's why they're a Trump supporter.

[Danderman123]

3 hours ago, jerrymahoney said:

Cannon shoots down Trump’s presidential records act claim
The ruling may cool a looming standoff between special counsel Jack Smith and the judge

 

April 4, 2024 at 3:04 p.m. EDT via Washington Post

 

U.S. District Court Judge Aileen Cannon on Thursday rejected Donald Trump’s bid to have his charges of mishandling classified documents dismissed on the grounds that a federal records law protected him from prosecution. The judge also defended her handling of the issue, which had frustrated prosecutors.

 

https://archive.is/S1Ex9#selection-673.0-673.304

Jack Smith has to nail down the jury instructions, and prevent any possibility of a directed verdict.

[jerrymahoney]

11 minutes ago, Danderman123 said:

Jack Smith has to nail down the jury instructions, and prevent any possibility of a directed verdict.

Even as she ruled against Trump’s motion, Cannon’s three-page order also revealed her displeasure over Smith’s characterization of her order, suggesting this may not be the last such battle in the historic prosecution of a former president and the presumptive GOP presidential candidate.

 

“What is surprising is just how quickly the judge herself has become the central focus of this case,” (Robert Mintz, a former federal prosecutor), said. “Turning the trial into a referendum on the judge may be effective from a public relations standpoint, but as a legal matter, it runs the risk of further politicizing the case and creating even more legal issues that could later backfire on the defense.”

 

https://www.washingtonpost.com/national-security/2024/04/04/cannon-trump-jack-smith-presidential-records-act/

 

[thaibeachlovers]

On 4/4/2024 at 10:40 AM, Social Media said:

Smith's team strongly opposed Cannon's request for jury instructions that would incorporate Trump's claims of broad authority to handle classified government documents. They argued that accepting Trump's arguments about his record-retention powers would distort the trial and undermine the prosecution's case.

Oh dear, am I reading that correctly as Smith not wanting anything that might make him lose. 555555555555555555555

 

Of course he doesn't want to lose, but lambasting the judge for doing what a judge does is going a bit far IMO.

If his case isn't good enough to win, then it's not good enough.

 

He can always appeal if he loses, of course.

 

One hopes that the judge doesn't allow an interested party to sway their decision.

[thaibeachlovers]

8 hours ago, cmjl said:

So what is the difference between the documents that D.T had at his home and the ones that were found at the Biden residence which seems to have gone quiet or been swept under the carpet

They like Biden and don't like Trump.

[jerrymahoney]

10 minutes ago, thaibeachlovers said:

He can always appeal if he loses, of course.

No. Criminal trial. Prosecution cannot appeal.

[Chomper Higgot]

37 minutes ago, jerrymahoney said:

Even as she ruled against Trump’s motion, Cannon’s three-page order also revealed her displeasure over Smith’s characterization of her order, suggesting this may not be the last such battle in the historic prosecution of a former president and the presumptive GOP presidential candidate.

 

“What is surprising is just how quickly the judge herself has become the central focus of this case,” (Robert Mintz, a former federal prosecutor), said. “Turning the trial into a referendum on the judge may be effective from a public relations standpoint, but as a legal matter, it runs the risk of further politicizing the case and creating even more legal issues that could later backfire on the defense.”

 

https://www.washingtonpost.com/national-security/2024/04/04/cannon-trump-jack-smith-presidential-records-act/

 

Simple.

 

Recuse the judge and replace her with someone who was not appointed by the defendant.

[impulse]

22 minutes ago, thaibeachlovers said:

They like Biden and don't like Trump.

 

Trump claimed that the PRA allowed him to keep those documents.  Right or wrong, if this were any other former president, or if Trump wasn't a candidate, or this wasn't an election season, the issue would have been settled in a flurry of court battles with no charges being filed.

 

[thaibeachlovers]

24 minutes ago, jerrymahoney said:

No. Criminal trial. Prosecution cannot appeal.

Thank you. I actually knew that but I forgot, My bad.

[jerrymahoney]

2 minutes ago, thaibeachlovers said:

Thank you. I actually knew that but I forgot, My bad.

OK.

[impulse]

17 minutes ago, Chomper Higgot said:

Simple.

 

Recuse the judge and replace her with someone who was not appointed by the defendant.

 

But don't recuse the DA or the AG who ran on a platform of "get Trump".  Or the judge who has donated to the Biden campaign and whose daughter stands to make a mint off the prosecution.

 

Hypocrisy much?  Or just TDS?

 

 

[Chomper Higgot]

8 minutes ago, impulse said:

 

But don't recuse the DA or the AG who ran on a platform of "get Trump".  Or the judge who has donated to the Biden campaign and whose daughter stands to make a mint off the prosecution.

 

Hypocrisy much?  Or just TDS?

 

 

DA’s and AG’s get criminals. 
 

That’s what DA’s and AG’s do.

 

Judges are required not only to be impartial but to have no appearance of bias.

 

 

[impulse]

11 minutes ago, Chomper Higgot said:

DA’s and AG’s get criminals. 
 

That’s what DA’s and AG’s do.

 

Judges are required not only to be impartial but to have no appearance of bias.

Silly me.  I thought DA's and AG's were supposed to seek justice.  Not start with a name and then find the charges.

 

Edited April 5 by impulse

[jerrymahoney]

Jack Smith Laid a Trap for Trump’s Mar-a-Lago Judge. Cannon Didn’t Take It.

 

Judge Aileen Cannon rejected Donald Trump’s request to drop the Mar-a-Lago trial. But she also denied prosecutors a legal avenue that would let them try to kick her off the case.

 

Updated Apr. 04, 2024 4:15PM EDT Published Apr. 04, 2024 3:46PM EDT 

 

https://www.thedailybeast.com/jack-smith-laid-a-trap-for-trumps-mar-a-lago-judge-cannon-didnt-take-it?ref=home?ref=home

 

The MAGA-friendly judge overseeing Donald Trump’s trial for hoarding classified documents at Mar-a-Lago has handed prosecutors a minor victory on Thursday. But she also refused to take the bait on a trap that could have very well led to her removal from the case.

 

U.S. District Judge Aileen M. Cannon on Thursday rejected the former president’s bid to dismiss the entire case on the faulty premise that the Department of Justice had no right to turn a bureaucratic spat over presidential records into a criminal case.

 

But perhaps more importantly, Cannon refused to go down a legal path that DOJ Special Counsel Jack Smith invited her to travel, with Cannon refusing to issue a separate court order on a related issue—a ruling that Smith could have formally appealed and potentially utilized to get Cannon knocked off the case.

[Chomper Higgot]

23 minutes ago, impulse said:

Silly me.  I thought DA's and AG's were supposed to seek justice.  Not start with a name and then find the charges.

 

Yep, silly you.

 

The evidence has been found, much of it directly from Republicans and Trump associates.

 

That evidence was put before a Grand Jury.

 

It’s the Grand Jury that handed down the indictments.

 

 

[impulse]

5 minutes ago, Chomper Higgot said:

Yep, silly you.

 

The evidence has been found, much of it directly from Republicans and Trump associates.

 

That evidence was put before a Grand Jury.

 

It’s the Grand Jury that handed down the indictments.

 

Still, they started with the name and went looking for the charges.

 

If I were a betting man, I'd bet that they empaneled quite a few secret grand juries to find one that would hand down the indictments.  Of course, we'll never know because that's the way grand juries work.  And not so strangely, it appears that all of those grand juries were in Blue areas.  Imagine the bragging rights for the lefties to claim they helped stop Trump and elect Biden.

 

[Chomper Higgot]

18 minutes ago, jerrymahoney said:

Jack Smith Laid a Trap for Trump’s Mar-a-Lago Judge. Cannon Didn’t Take It.

 

Judge Aileen Cannon rejected Donald Trump’s request to drop the Mar-a-Lago trial. But she also denied prosecutors a legal avenue that would let them try to kick her off the case.

 

Updated Apr. 04, 2024 4:15PM EDT Published Apr. 04, 2024 3:46PM EDT 

 

https://www.thedailybeast.com/jack-smith-laid-a-trap-for-trumps-mar-a-lago-judge-cannon-didnt-take-it?ref=home?ref=home

 

The MAGA-friendly judge overseeing Donald Trump’s trial for hoarding classified documents at Mar-a-Lago has handed prosecutors a minor victory on Thursday. But she also refused to take the bait on a trap that could have very well led to her removal from the case.

 

U.S. District Judge Aileen M. Cannon on Thursday rejected the former president’s bid to dismiss the entire case on the faulty premise that the Department of Justice had no right to turn a bureaucratic spat over presidential records into a criminal case.

 

But perhaps more importantly, Cannon refused to go down a legal path that DOJ Special Counsel Jack Smith invited her to travel, with Cannon refusing to issue a separate court order on a related issue—a ruling that Smith could have formally appealed and potentially utilized to get Cannon knocked off the case.

 From the article you linked:

 

”“As always, any party remains free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law”

 

Not that Jack Smith needs any instruction on the law.