Special Counsel Jack Smith has been having fits over Judge Aileen Cannon, who was appointed to the bench by Donald Trump.
Cannon pulled the plug on Trump’s trial, indefinitely delaying the case because various issues in the indictment needed to be settled before they could proceed.
In the process, Cannon has set several dates, in essence, putting Smith on trial before Trump.
Get It Right
At the top of the list is a motion by defense attorneys that the prosecution of Trump in this case was vindictive, and Trump really does have a case here.
We saw both Mike Pence and Joe Biden not even get a slap on the wrist for having classified documents in their possession.
In Pence’s case, it truly did seem like a mistake, but where Biden was involved, it seemed quite clear this was a purposeful act that helped Biden’s Penn Foundation as well as helping out Hunter.
There is also the fact that Smith’s office mishandled the classified materials taken from Trump’s home.
Smith’s team recently revealed, “[There] are some boxes where the order of items within that box is not the same as in the associated scans (taken right after the raid).”
In another motion, Trump’s attorneys wrote, “New evidence, obtained via requests pursuant to the Freedom of Information Act reveals that politically motivated operatives in the Biden Administration and the National Archives and Records Administration (“NARA”) began this crusade against President Trump in 2021.
“The FOIA releases, coupled with other evidence…reflect close participation in the investigation by NARA and Biden Administration components such as the White House Counsel’s Office, as well as senior officials at DOJ and FBI. These revelations are disturbing but not surprising.”
There is a separate issue of the legal standing of Smith’s appointment since he was already working for the DOJ when he was then appointed as Special Counsel.
This was covered in an amicus brief written by Edwin Meese, which, in part, stated, “Jack Smith does not have authority to conduct the underlying prosecution [because] those actions can be taken only by persons properly appointed as federal officers to properly created federal offices.”
These issues could take months to resolve, and we will have to wait to see what the Supreme Court will do regarding presidential immunity.
There was a time when I had stated that the Smith cases could be the ones to take Trump down, but now they appear as though they will never see the inside of a courtroom.
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Author: G. McConway
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