Judge Sent ‘Ominous’ Warning to Jack Smith in Trump Documents Case, Says Ex-Prosecutor
A former federal prosecutor weighed in on the recent ruling.
By Jack Phillips
4/5/2024 Updated: 4/5/2024
A former federal prosecutor said that a Florida-based federal judge’s recent ruling to not dismiss former President Donald Trump’s classified documents case is actually a win for the former president.
In the past week, a number of legal analysts with mainstream media outlets, such as Mr. Kirschner, have been critical of Judge Aileen Cannon’s recent move to offer jury instructions to both the prosecutors and President Trump’s team, asking them to submit competing jury instructions based on hypothetical scenarios under the Presidential Records Act (PRA).
The former president’s team has argued that the act allows him to designate classified materials as his own property, which they have argued renders the government’s charges against him as moot. But Jack Smith, the special counsel prosecuting the case, has said that the Presidential Records Act doesn’t apply in this case and recently filed a brief that appeared to criticize the judge over her recent decisions.
On Thursday, Judge Cannon refused to throw out the classified documents prosecution and rejected the ex-president’s arguments that the act permits him to retain the records after he left the White House.
“The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case,” she wrote. “Nor should it be interpreted as anything other than what it was: a genuine attempt, in the context of the upcoming trial, to better understand the parties’ competing positions and the questions to be submitted to the jury in this complex case of first impression.”
But Glenn Kirschner, a former prosecutor who writes columns for MSNBC and has been a vocal critic of President Trump over the years, interpreted Judge Cannon’s ruling to say that she will wait until a jury is sworn in to provide instructions regarding whether the former president had the right to possess the classified documents under the Presidential Records Act. If that happens, he said Mr. Smith will not be able to appeal.
Mr. Kirschner interpreted Judge Cannon’s ruling as to say, “I will wait until after the jury is sworn. I will wait until after evidence has been presented. I will wait until after Donald Trump has put on his defenses.”
He then added that Judge Cannon’s jury instruction regarding “how the Presidential Records Act means the jury must find Donald Trump not guilty. And guess what, Jack? You can’t appeal it at that point. Game over,'” he said in a recent YouTube interview, reported Newsweek. The order, he claimed, is “extremely ominous” for prosecutors in the case.
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READ MORE: https://www.theepochtimes.com/us/judge-sent-ominous-warning-to-jack-smith-in-trump-case-says-ex-prosecutor-5622693?ea_src=author_manual&ea_med=related_stories
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