Jack Smith Could Be Prevented From Using Evidence by Aileen Cannon
NewsweekMar 30
Trump Docs Case: Special Counsel Criticizes Judge's Order
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The Facts
In a filing Tuesday, special counsel Jack Smith's team criticized a request from the judge presiding over the case involving Pres. Donald Trump's alleged retention of classified documents after his presidency.
Smith's team wrote that US District Judge Aileen Cannon relied on a "fundamentally flawed legal premise" when she asked the prosecution and defense to propose jury instructions on the scenarios in which Trump could be protected under the Presidential Records Act (PRA).
The Spin
Anti-Trump narrative
With this filing, Smith dismantled any notion Trump could be protected by the PRA, and he's schooling Cannon on how to apply the law in this case. The PRA doesn’t apply to a president who was out of office for more than a year, and Smith knows this is just Trump's way of stalling. If Cannon doesn’t adhere to established legal principles, Smith will have no choice but to appeal.
Pro-Trump narrative
Smith is obviously growing frustrated because his case is falling apart, so he's taking out his anger on Cannon. In his haste to prosecute Trump, Smith can't handle the fact that the judge wants to make sure the jury is provided everything it needs to reach a proper decision. Smith may want to get this case to trial before the November election, but Cannon knows there are steps that need to be taken to ensure proper justice.
