Jack Smith Terrified Of Trump Judge
Jack Smith is losing badly and Democrats aren’t happy.
Legal analyst Greg Germain from Syracuse University weighed in on the recent decision by Judge Aileen Cannon to delay the trial involving former President Donald Trump’s classified documents. Germain expressed skepticism about the likelihood of prosecutor Jack Smith halting the suspension or overturning the scheduling order.
Germain explained that because Cannon’s decision is interlocutory, meaning it’s provisional and not final, Smith lacks the right to appeal directly. While Smith could potentially request an interlocutory appeal, the decision to hear it would rest with the appellate court. Germain emphasized the significant challenge in overturning a scheduling order due to the courts’ broad control over their calendars.
Additionally, Germain raised concerns about possible bias or incompetence on Judge Cannon’s part, further complicating the situation. Cannon’s ruling effectively dashed Smith’s hopes of commencing the trial before the November election, which was a priority for many, including Democrats and some Republicans eager for clarity on Trump’s legal issues before voting.
The case centers on allegations that Trump unlawfully retained classified documents at his Mar-a-Lago resort and obstructed efforts by federal officials to retrieve them. Trump, who maintains his innocence, contends that the documents in question were personal.
The timeline for the trial’s resumption remains uncertain, potentially extending beyond the 2024 presidential election. If Trump were to secure another term, he would have various options to halt the trial, such as self-pardon or appointing an attorney general inclined to drop the charges.
Peter Shane, a law professor at New York University, echoed concerns about the sluggish pace of proceedings under Judge Cannon’s direction. He highlighted ongoing disagreements between Smith and Cannon regarding jury instructions, particularly regarding Trump’s rights concerning presidential records.
In a previous ruling, Cannon rebuffed Smith’s objections to her proposed jury instructions, highlighting the contentious nature of their legal wrangling.
