Palm Beach County State Attorney Says Jack Smith Close to Using ‘Nuclear Button’ to Remove Judge Cannon From Trump Classified Docs Case Over Her Jury Instruction Order
by Cristina Laila Apr. 5, 2024
Here we go.
Palm Beach County State Attorney David Aronberg says Jack Smith is close to using a ‘nuclear button’ to remove Judge Aileen Cannon from the Trump classified documents case over her jury instruction order.
“He is close to pushing the nuclear button,” said Palm Beach County State Attorney David Aronberg, according to NBC News.“It is a high burden to reach, and it is rarely done, but her proposed jury instructions may have pushed him to the breaking point.”
Last month Judge Aileen Cannon issued a jury instruction order in Jack Smith’s classified documents case andthe leftist legal analysts went apocalyptic.
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 earlier this week threatened to take the jury instruction fight to the appellate court.
OnThursday Judge Cannon declined Jack Smith’s demandsof her jury instruction order as “unprecedented and unjust.”
“Separately, to the extent theSpecial Counsel demandsan anticipatoryfinalization of jury instructions prior to trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence,the Court declines that demand as unprecedented and unjust,” Cannon wrote.
She continued, “The Court’s Order solicitingpreliminary draft instructions on certain counts should not be misconstruedas declaring afinal definitionon anyessential element= or asserted defense== in this case. Nor should it be interpreted as anything other than what it was: a genuine attempt, in the questions to be submitted to the jury in this complex case of first impression.”
Palm Beach County State AttorneyDavid Aronbergand other defense attorneys are nowencouraging Jack Smith to go nuclearand remove Judge Cannon from the case.
“Cannon seems to be daring Smith,” Aronberg said, according to NBC News.
Excerpt from NBC News:
Special counsel Jack Smith could soon seek to have the judge presiding over former President Donald Trump’s classified documents case recused, prosecutors and defense attorneys warn, describing Smith as being pressed to the “breaking point” over arguments his office said could taint a trial irrevocably.
Smithfaulted JudgeAileen Cannon in a scathing rebuke for seeming to take atface value Trump’s “fundamentally flawed” claimaround a president’s official and personal records when she asked both sides to put forth competing versions of instructions for jurors in the case and saidher request would “distort” the trial. Smith indicated in that filing thatif Cannon ruled against federal prosecutors, this could be a triggerfor an appeal to the 11th Circuit that could remove her from the case.
But instead of backing away, Aronberg said that Cannon, including in a court filing on Thursday explaining her proposed jury scenarios, has stoked these tensions, so Smith may see no option but to appeal. (When does an attorney tell the judge what to do, thats not how it works)
(Smith doesn’t want Trump’s defense to be considered, and the Judge should eliminate his argument and defense. That’s inherently what he is saying, because Smith “said it, its true!” And Trump as President shouldn’t be heard. Deep State attitude rearing its ugly arrogant head. That “fundamentally flawed” comment, doesn’t acknowledge the The Presidential Records Act’s language and vague and short, so scholars have fought over it for years. The Courts have ruled President’s can take anything in the Clinton records dispute.)
https://www.thegatewaypundit.com/2024/04/palm-beach-county-state-attorney-says-jack-smith/