‘Hurry up, and rule’: Jack Smith rips Judge Cannon for enabling Donald Trump’s delay tactics

RIGHT NOW.

♪

>>> HI THERE, EVERYONE, IT'S

4:00 IN NEW YORK.

SPECIAL COUNSEL JACK SMITH TODAY

TAKING ON TRUMP'S DELAY TACTICS

AND THE ONE PERSONA POSITION TO

CALL IT OUT FOR WHAT IT REALLY

IS, A POLITICAL PLOY DISGUISED

AS A LEGAL STRATEGY.

JUDGE AILEEN CANNON,

FRUSTRATIONS WITH THE JUDGE IN

THE MAR-A-LAGO DOCUMENTS CASE

BOILING OVER IN A FILING LATE

LAST NIGHT REGARDING

INSTRUCTIONS TO THE POTENTIAL

JURY IN THE TRIAL.

SMITH ASKED THE JUDGE TO HURRY

UP AND RULE ON WHAT IS TEAM

TRUMP'S MOST BRAZEN CLAIMS THAT

THE DOCUMENTS TRUMP HORDED IN

MAR-A-LAGO IN A BATHROOM, A

BEDROOM AND A BASEMENT,

DOCUMENTS CONTAINING SOME OF

THIS NATION'S MOST SECRET AND

PROTECTED NATIONAL SECURITY

SECRETS ACTUALLY BELONGED

RIGHTFULLY TO TRUMP BECAUSE THE

PRESIDENTIAL RECORDS ACT, OR THE

PRA.

SPECIAL COUNSEL WRITING THIS,

THE COURT SHOULD BE WLAER AT THE

OUTSET THAT TRUMP'S ENTIRE

EFFORT TO RELY ON THE PRA IS NOT

BASED ON ANY FACTS, IT IS A POST

HOCK JUSTIFICATION THAT WAS

CONCOCTED MORE THAN A YEAR AFTER

HE LEFT THE WHITE HOUSE,

IMPORTANTLY, TRUMP HAS NEVER,

NEVER REPRESENTED TO THIS COURT

THAT HE, IN FACT, DESIGNATED THE

CLASSIFIED DOCUMENTS AS

PERSONAL.

HE MADE NO SUCH CLAIM IN THIS

MOTION TO DISMISS IN HIS REPLY,

OR AT THE HEARING ON MARCH 14th,

2024.

DESPITE EVERY OPPORTUNITY, AND

EVERY INCENTIVE TO DO SO.

AND THE REASON IS SIMPLE.

HE NEVER DID SO.

NOW, HERE'S WHY SMITH WANTS TO

SETTLE THIS PARTICULAR ISSUE

ONCE AND FOR ALL RIGHT NOW,

TIMES REPORTS IT LIKE THIS,

QUOTE, AT A HEARING LAST MONTH

JUDGE CANNON HERSELF EXPRESSED

SKEPTICISM ABOUT TRUMP'S

ASSERTION SAYING IT WAS MOST

LIKELY NOT ENOUGH TO DISMISS THE

CASE BEFORE IT WENT THE TRIAL.

BUT THEN, THEN, WITHIN DAYS SHE

MADE A SURPRISING MOVE, ORDERING

THE FORMER PRESIDENT'S LAWYERS

AND MR. SMITH'S PROSECUTORS TO

SEND HER PROPOSED JURY

INSTRUCTIONS, SUGGESTING SHE WAS

OPEN TO EMBRACING THE VERY SAME

DEFENSE.

WOW.

AS LEGAL EXPERTS POINT OUT, THAT

IS HIGHLY UNUSUAL.

IT'S A HIGHLY UNUSUAL ORDER

SINCE ANY INSTRUCTIONS FOR A

JURY ARE DEALT WITH IN THE DAYS

AND WEEKS BEFORE A TRIAL

HAPPENS, AND CANNON, AS WE ALL

KNOW FOR HER PART HASN'T EVEN

SET A TRIAL DATE.

CANNON'S REQUEST HAS ALSO SET

OFF ALARM BELLS INSIDE THE

SPECIAL COUNSEL'S OFFICE.

ON THAT FRONT THE TIMES REPORTS

THIS, QUOTE, BY APPEARING TO

ADOPT TRUMP'S POSITION ON THE

PRESIDENTIAL RECORDS ACT, THE

JUDGE SEEMED TO BE NUDGING ANY

EVENTUAL JURORS TOWARD

ACQUITTING TRUMP OR EVEN LEAVING

OPEN THE POSSIBILITY THAT SHE

HERSELF COULD QUIT TRUMP BY THE

END OF THE PROCEEDING BY

DEFENDING THAT THE GOVERNMENT

HAD -- PROSECUTORS ARE ASKING

HER TO RULE ON TRUMP'S CLAIM

THAT THE DOCUMENTS BELONG TO

THIMM.

IF THE COURT WRONGLY CONCLUDES

THAT IT DOES THE SPECIAL COUNSEL

CAN APPEAL TO HIGHER COURT.

SMITH'S PUSH FOR A QUICK

DECISION COMES AFTER MONTHS OF

CHAOS CREATED BY JUDGE EYEAILEEN

CANNON WITH HEARINGS ON

ARGUMENTS, MANY FEDERAL JUDGES

WOULD HAVE REJECTED OUT OF HAND,

END QUOTE.

WOW.

WEEKS HAVE GONE BY.

AND THERE'S BEEN NOTHING TO

APPEAL, RIGHT?

NO RULINGS, NO WORD FROM THE

JUDGE ON IMPORTANT LOGISTICAL

ISSUES EITHER, ALL OF IT PLAYING

DIRECTLY INTO WHAT WE ALL KNOW

IS TRUMP'S BIG POLITICAL

STRATEGY TO DELAY ALL OF THE

TRIALS UNTIL AFTER THE NOVEMBER

ELECTION.

AND TODAY, TODAY'S NEWS ON THIS

FRONT, IS THAT TRUMP SEEMS TO,

WITTINGLY OR UNWITTINGLY, BE

GETTING SOME HELP IN THAT EFFORT

FROM JUDGE AILEEN CANNON.

HIS STRATEGY OF DELAY, DELAY,

DELAY IS ALWAYS MORE FRUSTRATING

FOR ANY PERSON, ANY PERSON WHO

WOULD LIKE TO SEE THESE CASES

ADJUDICATED.

THE CRIMINAL CASES INVOLVING

DONALD TRUMP, AND OF THIS ONE,

THE CRIMINAL DOCUMENTS PROBE, IS

ONE THAT EVEN BILL BARR, HIS

FORMER ATTORNEY GENERAL,

DESCRIBES AS OPEN AND SHUT.

LISTEN TO MORE OF THE PEOPLE WHO

WORK FOR TRUMP.

>> IF YOU WERE STILL

REPRESENTING DONALD TRUMP, WHICH

OF ALL THESE CASES WOULD YOU BE

MOST CONCERNED ABOUT?

>> CLASSIFIED DOCUMENTS CASE.

>> WHY?

>> I THINK THAT THAT IS THE CASE

THAT IS THE MOST LIKELY TO

SURVIVE AN APPEAL.

>> CLEARLY, IT WAS UNAUTHORIZED,

ILLEGAL, AND DANGEROUS.

>> THIS IS SUCH A TIGHT CASE,

THE EVIDENCE IS SO OVERWHELMING.

>> THIS WAS A CASE THAT ENTIRELY

OF HIS OWN MAKING.

HE HAD NO RIGHT TO THOSE

DOCUMENTS.

THE GOVERNMENT TRIED FOR OVER A

YEAR QUIETLY AND WITH RESPECT TO

GET THEM BACK, WHICH WAS

ESSENTIAL THAT THEY DO, AND HE

JERKED THEM AROUND.

AND HE HAD NO LEGAL BASIS FOR

KEEPING THEM.

>> HE HAD NO LEGAL BASIS FOR

KEEPING THEM, SAID BILL BARR,

IT'S WHERE WE START TODAY WITH

SOME OF OUR FAVORITE REPORTERS

AND FRIENDS, FORMER U.S.

ATTORNEY, FORMER DEPUTY

ASSISTANT ATTORNEY HARRY LIPMAN,

AND REPUBLICAN CONGRESSMAN MSNBC

POLITICAL ANALYST DAVID JOLLY IS

BACK AND POLITICO NATIONAL

CORRESPONDENT AND MSNBC

CONTRIBUTOR BETSY -- IS HERE.

HARRY LIPMAN, I DON'T WANT TO

NEED A LAW DEGREE TO UNDERSTAND

THIS ANSWER SO, TELL ME, IN

PLAIN ENGLISH, WHAT JACK SMITH

CAN DO.

>> HE CAN FORCE HER TO RULE, AND

IF SHE DOESN'T BRING A -- CALLED

A MANDAMUS, THE LEGAL THING.

>> SEE, WE CAN'T DO IT.

>> OKAY, I'LL DO BETTER.

HER RULE -- HER ORDER WAS NOT

ONLY BIZARRE, BUT IT WAS

DANGEROUS BECAUSE IT SUGGESTED

SHE COULD TOTALLY, YOU KNOW,

SORT OF THE JUDICIAL EQUIVALENT

OF THE PERFECT CRIME, ACTUALLY

AKIT HIM

ACQUIT HIM AFTER TRIAL HAD

STARTED.

THIS IS THE MOST IMPORTANT

FILING JACK SMITH HAS DONE SINCE

THE INDICTMENT ITSELF.

IT'S VERY HARD NOSE.

IT SAYS WE'RE DONE WITH THIS,

I'M NOT GOING TO FOLLOW YOUR

SUGGESTION, AND MOREOVER, JUDGE,

YOU NEED TO RULE ON THIS NOW.

YOU CAN'T JUST KEEP DITHERING.

IF YOU DON'T, THERE ARE WAYS TO,

AND IT'S THE BEST METHOD WE CAN,

WE'VE BEEN CASTING ABOUT, HOW DO

WE GET HER OFF THE CASE?

THERE ARE WAYS TO GET THE COURT

ABOVE YOU TO REQUIRE YOU TO DO

IT, MAYBE YOU HAVEN'T DONE

ANYTHING WE CAN GLOM ONTO YET,

NOW WE'RE TELLING YOU, IF YOU

DON'T RULE HERE, AND YOU LEAVE

THIS POSSIBILITY OPEN, WE ARE

TAKING YOU UP TO THE 11th

CIRCUIT, AND ASKING THEM TO GET

YOU OFF THE CASE.

IS THAT PLAIN ENGLISH ENOUGH?

>> THAT'S PRETTY GOOD.

TRUMP'S NOT PLAY AGO LEGAL GAME,

HE'S PLAYING A POLITICAL GAME.

I'M DONE TRYING TO UNDERSTAND

THE LEGAL LANDSCAPE BECAUSE THIS

IS -- WHETHER WE LIKE IT OR NOT

WE'RE PLAYING TRUMP'S GAME, JACK

SMITH IS, AILEEN CANNON SURE AS

HELL IS.

AND I WANT TO UNDERSTAND HOW A

JUDGE IS ENTERTAINING AN

ARGUMENT THAT TRUMP DOESN'T

BELIEVE, HERE'S TRUMP, MAKING

ABUNDANTLY CLEAR ON AUDIO TAPE

THAT HE DOESN'T THINK THESE

THINGS ARE HIS, THIS IS HIM

WAVING AROUND SOMETHING HE KNOWS

IS CLASSIFIED, THAT WAS CREATED

BY GENERAL MARK MILLEY.

LISTEN.

>> WITH MILLEE, LET ME SEE THAT,

I'VE GOT TO SHOW YOU AN EXAMPLE,

HE SAID THAT I WANTED TO ATTACK

IRAN.

ISN'T AMAZING, A BIG PILE OF

PAPERS, THIS WAS HIM, THEY

PRESENTED ME THIS.

THIS IS OFF THE RECORD.

THEY PRESENTED ME THIS.

THIS WAS HIM, THIS WAS THE

DEFENSE DEPARTMENT AND HIM.

>> YOU DID.

>> THIS WAS DONE BY THE

MILITARY, GIVEN TO ME.

I THINK WE CAN PROBABLY --

RIGHT?

>> I DON'T KNOW, WE'LL HAVE TO

SEE, WE'LL HAVE TO TRY TO --

>> DECLASSIFY IT.

AS PRESIDENT, I COULD HAVE

CLASSIFIED IT, NOW I CAN'T, BUT

THIS IS CLASSIFIED.

>> TRUMP IN HIS OWN VOICE, I

CAN'T SHOW IT TO YOU BECAUSE

IT'S CLASSIFIED AND WHEN I WAS

PRESIDENT I COULD HAVE

DECLASSIFIED IT AND SHOWN IT TO

YOU IF I WANTED TO BUT NOW I

CAN'T.

HE KNOWS, HE KNOWS THESE ARE NOT

PERSONAL RECORDS.

>> THAT'S RIGHT.

SO, TWO PROBLEMS WITH THE

ARGUMENT THAT HE KEEPS MAKING

AND MAKING AND MAKING.

ONE, NO FACTS.

NO LAW.

BUT CANNON HAS NOT ONLY BEEN

INDULGING HIM ON IT, BECAUSE HE

DOES KEEP MAKING IT ON THE

PAPERS BUT SHE'S BEEN SUGGESTING

MOST RECENTLY, MOST OMINOUSLY,

SHE COULD KIND OF ACTUALLY GRANT

HIM HIS FONDEST WISH AFTER THE

JURY IS SEATED, AND THEN THERE'S

NO RECOURSE BECAUSE IT'S DOUBLE

JEOPARDY, YOU CAN'T GO BACK.

AND IT'S HERE NOW, THEY'VE BEEN,

I THINK, TRYING TO FIND OUT, HOW

CAN WE TRY TO GET HER OFF?

AND THEY'VE DECIDED, NOW'S THE

TIME, WE'RE GOING TO TELL HER,

QUIT MESSING AROUND, YOU'VE GOT

TO CUT BAIT ON THIS IF YOU WANT

TO RULE THAT THERE'S SOMETHING

VALID HERE, GO AHEAD AND DO IT,

WE'LL TAKE IT ON APPEAL.

IF YOU WANT TO RULE THAT THERE

ISN'T, GO AHEAD AND DO IT BUT

DON'T BE DITHERING IN THE

MIDDLE, AND IF YOU KEEP DOING

IT, THERE ARE WAYS FOR US TO

FORCE YOUR HAND.

THAT'S -- IT'S A VERY FORCEFUL,

AND REALLY KIND OF CHEEKY

PUSHBACK OF A MOTION FROM SMITH,

AND IT COULD CHANGE THE DYNAMIC

OF THE WHOLE CASE.

>> SO, IF IT'S CHEEKY, I MEAN,

WHY NOT JUST DIRECTLY CLAIM THAT

THERE'S A CONFLICT OF INTEREST?

EVEN THE WITNESSES DON'T THINK

THAT THERE'S A GOOD FAITH EFFORT

TO PROTECT THEM?

LET ME SHOW YOU ONE OF THE

WITNESSES CHANGING HIS LIFE,

GOING PUBLIC BECAUSE OF WHAT

HE'S AFRAID JUDGE CANNON IS

GOING TO DO.

THIS IS BRIAN BUTLER.

>> YEAH.

>> WHY ARE YOU SPEAKING OUT

PUBLICLY WITH YOUR STORY NOW?

>> WELL, I MEAN, IT'S BEEN

ALMOST A YEAR SINCE FBI AGENTS

SHOWED UP AT MY HOUSE WHEN MY

WIFE WAS AT HOME, AND, YOU KNOW,

OVER THE COURSE OF THE LAST YEAR

EMOTIONALLY IT'S BEEN A ROLLER

COASTER, A COUPLE WEEKS AGO

JUDGE CANNON SAYS SHE'S GOING TO

RELEASE THE NAMES OF THE

WITNESSES, YOU KNOW, YOU GO FROM

HIGHS AND LOWS IN THIS.

AND INSTEAD OF JUST WAITING FOR

IT TO JUST COME OUT I THINK IT'S

BETTER THAT I GET TO AT LEAST

SAY WHAT HAPPENED, THAN IT

COMING OUT IN THE NEWS, PEOPLE

CALLING ME LIKE CRAZY.

I'D RATHER JUST GET IT OUT

THERE.

>> THIS IS A WITNESS IN A

CRIMINAL TRIAL, AFRAID OF WHAT

THE DEFENDANT WILL DO ONCE JUDGE

CANNON RELEASES THE WITNESSES.

IS THERE -- I MEAN, TELL ME WHAT

YOU THINK IS BEING NAVIGATED

BEHIND THE SCENES, WHAT THE

DEEPEST CONCERNS ARE ON THE PART

OF JACK SMITH AND THE WITNESSES?

>> IT'S THE PERFECT POINT, THE

WAY HE PUT IT, NICOLE, HE'S

SCARED OF WHAT WILL HAPPEN, JACK

SMITH IS SCARED OF WHAT WILL

HAPPEN, BUT CANNON HAS BEEN VERY

KIND OF CAREFUL NOT TO DO IT

YET, SUGGEST THAT SHE MIGHT.

IF SHE WERE ACTUALLY TO RULE IN

A WAY THAT ENDANGERED HIM, BOOM,

YOU HAVE AN APPEAL TO THE 11th

CIRCUIT.

BUT, UNTIL SHE DOES, THAT'S WHAT

YOU NEED.

YOU NEED AN ORDER.

AND WHAT'S MATTERS ABOUT THIS

MOTION IS JACK SMITH HAS TOLD

THEM, TOLD HER, IF YOU DON'T DO

AN ORDER, THAT VERY FACT THAT

YOU'RE NOT DOING AN ORDER IS

WHAT WE ARE GOING TO BRING UP TO

THE COURT OF APPEALS.

YOU'VE BEEN SUGGESTING THINGS,

MAKING ALL OF US SCARED, BUT NOT

ACTUALLY GIVING ANYTHING FOR THE

COURT TO GLOM ONTO IN THE 11th

CIRCUIT, NOW WE'RE LETTING YOU

KNOW, RULE OR WE'RE GOING TO

TAKE YOU UP ANYWAY FOR NOT