Judge Aileen Cannon, who is presiding over the classified documents case of former President Donald Trump, has delivered a massive smackdown to Special Counsel Jack Smith.
The judge said no to a request by the special counsel to give the former president a gag order that would prevent him from Trump criticizing him or parts of the case.
Julie Kelly, an investigative reporter who first reported on the decision, reported that the judge said that Smith’s request was “wholly lacking in substance and professional courtesy.”
The judge said Smith failed to give Trump’s attorneys enough time to review and consider the request.
“Sufficient time needs to be afforded to permit reasonable evaluation of the requested relief by opposing counsel… Because the filing of the Special Counsel’s Motion did not adhere to these basic requirements, it is due to be denied without prejudice,” she said.
The classified documents case against former President Donald Trump has been rocked as the defense has asked for a dismissal.
Attorneys for the former president filed a series of motions to dismiss the case, including one motion for “prosecutorial misconduct and due process violations” and another for what it said was the “unconstitutional” raid on Mar-a-Lago, The Daily Caller reported.
The attorneys said that the warrant for the raid, was “executed in an egregious fashion and in bad faith,” and lacked “the particularity required by the Fourth Amendment.”
The warrant, the attorneys said, did not establish a basis for “rummaging through the majority” of the rooms at the former president’s residence, which included “the private bedrooms of the First Lady and President Trump’s youngest son,” Barron.
The attorneys demanded that the evidence found during the raid on Mar-a-Lago and “subsequent unlawful violation of President Trump’s attorney-client privilege” be suppressed.
“What was unthinkable with respect to President Clinton’s recordings, and deemed unwarranted with respect to Hillary Clinton’s destruction of evidence, was determined to be appropriate by the Biden Administration for President Biden’s chief political rival,” the attorneys said. “Personally authorized by Attorney General Garland, and supported over FBI objections by DOJ leadership who did not ‘give a damn about the optics’ of these unprecedented steps, the raid of Mar-a-Lago was unconstitutional.”
The attorneys claimed that “NARA, the Biden Administration, and DOJ ‘collude[d] in bad faith’ to deprive President Trump of his constitutional rights by using civil authorities to collect evidence for use in a criminal prosecution.”
“Politically biased NARA officials violated the agency’s regulations and broke custom and practice dating back to the enactment of the [Presidential Records Act], by colluding with the Biden Administration to initiate a criminal investigation of President Trump rather than simply collecting the records that President Trump had designated as Presidential Record,” the attorneys said.
“As a result of this misconduct, under the guise of NARA’s civil and administrative authorities, the prosecution team collected evidence—including the 15 Boxes and statements by President Trump’s PRA representatives—that they used to further the criminal investigation in an unfairly prejudicial and unlawful fashion,” they said.
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