Special counsel blasts judge’s jury instruction request in Trump documents case
Summary
TLDRThe transcript discusses Special Counsel Jack Smith's legal strategy in response to Judge Aileen Cannon's requests for jury instructions in the classified documents case involving former President Donald Trump. Smith objects to the hypothetical scenarios proposed by Cannon, arguing they have no legal basis and could distort the trial. The discussion highlights the tension between the court and the prosecution, with suggestions that Smith may seek Cannon's recusal due to her inexperience and the potential impact on the trial process.
Takeaways
- 📜 Special Counsel Jack Smith is challenging Judge Aileen Cannon's requests for jury instructions that align with Donald Trump's claims regarding the classified documents case.
- 🔍 Smith's filing asserts that Trump's reliance on the Presidential Records Act is unfounded and concocted post-hoc, rather than based on facts.
- 🎯 The special counsel's office is critical of Judge Cannon's order asking for briefs on two scenarios: one assuming presidential authority over classified records and another assuming the ability to declassify documents.
- 🤨 Jack Smith expresses concern that these hypothetical scenarios, if presented to the jury as facts, could distort the trial's outcome.
- 📝 The filing from Smith's office indicates a strong disapproval of the judge's approach, setting the stage for a potential appeal or request for recusal.
- 🚨 Legal analysts find the judge's decisions confusing and unlawful, noting that they are uncharacteristic of standard legal procedures.
- 🧐 Judge Cannon's inexperience is suggested as a possible reason for the unusual rulings, which could have significant implications for the case's progression.
- ⏳ The potential for delay is present due to the possibility of an appeal, despite a trial date being set.
- 📆 Unresolved rulings and foundational issues yet to be addressed by Judge Cannon could further postpone the trial.
- 🚠 The stakes are high as错误的 jury instructions could lead to an irreversible outcome if the jury is swayed based on these instructions.
- 🗣️ Despite criticisms, some legal professionals describe Judge Cannon as a measured and impartial figure in the courtroom, unlikely to show bias or partisanship.
Q & A
What is the main issue that Special Counsel Jack Smith is confronting with Judge Aileen Cannon?
-Special Counsel Jack Smith is confronting Judge Aileen Cannon over her requests for jury instructions that embrace Donald Trump's claims that he had the authority to take the documents with him when he left the White House. Smith argues that these claims are not based on any facts and are a post-hoc justification.
How does Jack Smith describe the basis of Trump's claim regarding the Presidential Records Act?
-Jack Smith describes the basis of Trump's claim regarding the Presidential Records Act as not based on any facts, but rather a post-hoc justification that was concocted more than a year after he left the White House.
What is the significance of the filing that Jack Smith's office made overnight?
-The overnight filing from Jack Smith's office is significant because it indicates a growing frustration with Judge Aileen Cannon and her handling of the classified documents case. It also sets the stage for a potential appeal and possibly a motion to recuse the judge from the case.
What are the two scenarios that Judge Aileen Cannon asked for jury instructions on?
-Judge Aileen Cannon asked for jury instructions on two scenarios: one where the President has the authority under the Presidential Records Act to possess these classified records, and another where Donald Trump had broad authority as President to declassify documents.
Why is Jack Smith concerned about the jury instructions proposed by Judge Aileen Cannon?
-Jack Smith is concerned because he believes that the proposed jury instructions could distort the trial. He argues that if the jury is read on these two scenarios as if they are facts, it could lead to an acquittal, which he sees as unlawful and not based on the correct interpretation of the law.
What is the potential impact of Jack Smith's filing on the trial timeline?
-The filing could potentially delay the trial as it may lead to an appeal. However, even with a set trial date, there are many rulings that Judge Cannon has yet to decide on, which could further postpone the trial.
What is the significance of the term 'double jeopardy' in this context?
-Double jeopardy refers to the legal protection against being tried twice for the same crime. If the jury is given erroneous instructions and they acquit, an appeal can be made on those grounds. However, if the trial proceeds and results in an acquittal, double jeopardy would apply, preventing any future retrial for the same charges.
What is the role of the Espionage Act in this case?
-The Espionage Act is the law under which Donald Trump is charged, and it has been in existence for 100 years. Jack Smith argues that Judge Cannon's proposed jury instructions do not align with the requirements of this Act.
How does the legal analyst describe Judge Aileen Cannon's experience and performance?
-The legal analyst suggests that Judge Aileen Cannon's inexperience is showing, as she is making decisions and rulings that have no basis in the law and are causing confusion among legal experts.
What is the potential strategy behind Jack Smith's actions?
-Jack Smith's actions indicate a readiness to appeal and possibly ask for Judge Cannon's recusal from the case. His frustration suggests that he is preparing for such a move, given the series of unlawful orders or decisions that have been made.
How does the New York criminal case relate to the current situation?
-The New York criminal case is mentioned in the context of an expanded gag order and Donald Trump's public criticism of the judge. It is used to discuss the judge's impartiality and how he operates in a courtroom, which is relevant to understanding the potential challenges and dynamics in the current case.
What are the implications of the judge's rulings on foundational aspects of the case?
-The judge's rulings on foundational aspects, such as the Classified Information Procedures Act, are crucial as they set the stage for the trial. The lack of rulings on these foundational aspects contributes to the uncertainty and potential delays in the trial process.
Outlines
📜 Special Counsel's Response to Judge's Request on Classified Documents Case
The first paragraph discusses Special Counsel Jack Smith's strategic move to challenge Judge Aileen Cannon's requests for jury instructions in the classified documents case. Smith criticizes the judge's proposal for instructions that embrace Donald Trump's claims of authority to take the documents with him upon leaving the White House. The filing emphasizes that Trump's reliance on the Presidential Records Act is unfounded and concocted post-hoc. Smith's frustration is palpable as he argues against the inclusion of hypothetical scenarios that could distort the trial and sets the stage for a potential appeal, indicating his readiness to request the judge's recusal due to her unconventional and unlawful decisions.
🚨 Potential Delays and Legal Strategies in Classified Documents Case
The second paragraph focuses on the potential implications of Jack Smith's frustrations and the strategic legal moves in the ongoing classified documents case. It highlights the possibility of delays in the trial process due to a potential recusal request for Judge Cannon and the complexities arising from numerous pending rulings. The discussion includes the impact of the judge's inexperience, the significance of the jury instructions, and the legal desperation to address these issues before the trial. The conversation also touches on the New York criminal case and the expanded gag order, with insights into the judge's impartiality and his conduct in the courtroom based on previous experiences.
Mindmap
Keywords
💡Special Counsel
💡Presumptions in Law
💡Presidential Records Act
💡Espionage Act
💡Jury Instructions
💡Recusal
💡Double Jeopardy
💡Gag Order
💡Classified Information
💡Judicial Process
💡Legal Analysts
Highlights
Special Counsel Jack Smith is challenging Judge Aileen Cannon over her requests for jury instructions that embrace Donald Trump's claims.
Smith argues that Trump's reliance on the Presidential Records Act is a post-hoc justification without any facts.
The Special Counsel's office is frustrated with an order from Judge Cannon asking for jury instructions on two different scenarios.
Both scenarios proposed by Judge Cannon are seen as potentially distorting the trial by the Special Counsel.
Judge Cannon's order asks for instructions assuming broad authority for the President and Trump to declassify documents.
Jack Smith's filing criticizes the inclusion of hypothetical scenarios not based in law.
The filing suggests that Judge Cannon is trying to inject the Presidential Records Act into the case, which is not the charge against Trump.
Trump is charged with the Espionage Act, a law over 100 years old, not the Presidential Records Act.
Legal analysts are puzzled by the unusual rulings and decisions from Judge Cannon.
Jack Smith's frustration indicates a potential setup for asking Judge Cannon to be recused from the case.
The case is facing delays due to the potential appeal and unresolved rulings.
The jury instructions are seen as heavily tailored in favor of Trump and an acquittal.
The issue with the jury instructions is critical and cannot be appealed later, necessitating immediate action.
The filing from Jack Smith shows a sense of urgency to address the issue before the trial proceeds.
The New York criminal case and an expanded gag order are also mentioned, with Trump criticizing the judge on social media.
The judge in question is described as down the middle, not biased, and very measured in his courtroom.
Judge Cannon's experience is questioned, and her decisions are seen as out of the ordinary.
The transcript discusses the potential impact of the judge's decisions on the legal process and the Espionage Act charge.
Transcripts
OUT OF A MEETING WITH THE
PRESIDENT. SO WHAT CAUSED THIS
TENSE MOMENT AND WHAT OBSERVERS
SEE AS SPECIAL COUNSEL, JACK
SMITH BURSTING WITH FRUSTRATION
HIS MAJOR MOVE OVERNIGHT TO
PUSH BACK ON THE JUDGE
OVERSEEING THE MAR-A-LAGO
DOCUMENTS CASE. ZARA IS OUT
I'M JOHN BERMAN WITH KATE
BALDWIN. THIS IS CNN NEWS
CENTRAL
>> OVERNIGHT
>> SPECIAL COUNSEL, JAMITH,
TAKING ON THE JUDGE, OVERSEEING
THE CLASSIFIED DOCUMENTS, CASE
IN A NEW WAY, CONFRONTING JUDGE
AILEEN CANNON OVER HER REQUESTS
FOR JURY INSTRUCTIONS THAT
EMBRACED DONALD TRUMP'S CLAIMS
THAT HE HAD BROUGHT AUTHORITY
TO TAKE THE DOCUMENTS WITH HIM
WHEN HE LEFT THE WHITE HOUSE S
THIS, WRITING THIS IN PART IN
THE FILING THE COURT SHOULD BE
AWARE AT THE OUTSET THAT
TRUMP'S ENTIRE EFFORT TO RELY
ON THE PRA, THE PRESIDENTIAL
RECORDS ACT IS NOT BASED ON ANY
FACTS. IT IS A POST-HOC
JUSTIFICATION THAT HAS
CONCOCTED THAT WAS CONCOCTED
MORE THAN A YEAR AFTER HE LEFT
THE WHITE HOUSE ALSO, THIS
SAYING THERE IS NO BASIS IN LAW
OR FACT FOR TH
PRESUMPTION THE COURT SHOULD
REJECT TRUMP' TO
INVENT ONE AS A VEHICLE TO
INJECT THE PRESIDENTIAL RECORDS
ACT INTO THIS CASE. LET'S GET
OVER TO CNN, ZACH COHEN FOR
MUCH MORE ON THE ZAK, THERE WAS
A LOT TO READ IS THIS CAME IN
WHILE EVERYONE WAS SLEEPING.
WHAT ELSE IS A SPECIAL COUNSEL
SAYING HERE?
>> YEAH. OKAY. THIS SIMMERING
FRUSTRATION THAT WE'VE BEEN
SENSING FROM JACK SMITH TOWARDS
AILEEN CANNON, THE JUDGE IN
THIS CASE SEEMED TO COME TO A
HEAD LAST NIGHT IN THIS FILING
FROM THE SPECIALEL'S
OFFICE, THEY ARE TAKING ISSUE
WITH THIS ODD ORDER FROM AILEEN
CANNON THAT CAME IN ABOUT LAST
MONTH, AND IT ASKS BOTH SIDES
TO SUBMIT BRIEFS FOR THESE JURY
INSTRUCTIONS OUTLINING TWO
DIFFERENT SCENARIOS. ONE,
OUTLINING IS A JURY
INSTRUCTIONS THAT ASSUMES THAT
THE PRESIDENT HAS THE AUTHORITY
UNDER THE PRESIDENTIAL RECORDS
ACT E E THESE CLASSIFIED
RECORDS AND THE SECOND
ONE IS A SCENARIO WHERE IT
ASSUMED THAT DONALD TRUMP HAD
BROAD AUTHORITY AS PRESIDENT TO
DECLASSIFY DIFFERENT DIFFERENT
DOCUMENTS BOTH OF WHICH JACK
SMITH ARGUES COULD QUOTE
DISTORT THE TRIAL. IF THE JURY
IS SORT OF READ IN ON THESE ON
THESE TWO SCENARIOS AS IF THEY
ARE FACT, AS YOU READ IN THE
INTERESTS, DO I MEAN, HE TAKES
SERIOUS ISSUE WITH AILEEN
CANNON SORT OFSSUMPTION THAT
BOTH OF THESE SCENARIOS SHOULD
BE IN THE JURY'S MINDS AS THEY
HEAR TESTIMONY. ONCE AN OR IF
AND WHEN THIS CASE GOES TO
TRIAL
>> ZACH, THANK YOU SO MUCH FOR
THAT
>> ALL RIG US NOW, CNN
LEGAL FORMER CHIEF
ASSISTANT DISTRICT ATTORNEY OF
THE MANHATTAN DISTRICT
ATTORNEY'S OFFICE. KAREN
FRIEDMAN, AGNIFILO KAREN, THIS
FILING OVERNIGHT FROM JACK
SMITH IN SOME OF THE LANGUAGE
YOU CAN READ, THE FRUSTRATION.
IT'S ZIPPY SAYING, COME ON.
>> LIKE NO
>> ONE TAKES THIS SERIOUSLY.
HOW CAN YOU MAKE US FILE
SOMETHING LIKE THIS? WHAT DO
YOU READ IN HERE
>> LOOK, IT'S NOT UNUSUAL FOR
TO ASK THE PARTIES FOR
PROPOSED JURY INSTRUCTIONS
BEFORE A TRIAL.
>> BUT WHAT
>> IS UNUSUAL IS SHE POSED TO
HYPOTHETICAL SCENARIOS, BOTH OF
WHICH HAVE NO BASIS IN THE LAW.
SHE'S TRYING TO INJECT THE
PRESIDENTIDS ACT WHICH
DONALD TRUMP IS NOT CHARGED
WITH VIOLATING THE PRESIDENTIAL
RECORDS ACT. HE'S CHARGED WITH
A LAW, THE ESPIONAGE ACT THAT
HAS BEEN IN EXISTENCE FOR 100
YEARS. AND THERE ARE MANY JURY
INSTRUCTIONS THAT OUR SAMPLES
ARE EXAMPLES THAT SHE COULD
HAVE DRAWN FROM, BUT NONE LOOK
ANYTHING LIKE THE HYPOTHETICALS
THAT SHE IS PROPOSING. AND IN
BOTH SCENARIOS, HE'S
ESSENTIALL TO THE JURY
THAT THIS DONA TRUMP CAN
DECIDE WHETHER HE CAN POSSESS
THESE HIGHLY CLASSIFIED
S. AIN EITHER
SCENARIO, THERE'S NO WAY THAT
YOU WOULD CONVICT TIM. AND SO
JACK SMITH IS FRUSTRATED SAYING
THAT'S NOT THE LAW HERE. AND
WHY ARE WE INSTRUCT? WHY ARE
YOU PROPOSING THAT WE GIVE AN
UNLAWFUL INSTRUCTIONTHE
JURY? AND SO HE'S ASKING H
TO RULE ONE WAY OR THE OTHER
BECAUSE HE'S CLEARLY GOING TO
HE'S SETTING THIS UP FOR AN
APPEAL AND I THINK ALTHOUGH HE
DOESN'T SAY IT IN HIS MOTION,
HIS FRUSTRATION INDICATES TO ME
THAT HE IS GETTING READY TO ASK
THAT SHE BE RECUSED FROM THIS
CASE. THIS IS JUST ONE OF A
SERIES OF STRANGE UNLAWFUL
WHETHER IT'S ORDERS OR
DECISIONS THAT SHE HAS MADE
THAT IS MADE LEGAL ANALYSTS
ACROSS THE COUNTRY SCRATCH
THEIR HEADS BECAUSE THEY MAKE
NO SENSE. THEY DON'T LOOK
ANYTHING LIKE WHAT PEOPLE ARE
USED TO OR WHAT'S IN THE LAW.
>> AND
>> SO SHE'S AN EXPERIENCED SHE
IS NOT A JUDGE WHO'S BEEN
AROUND FOR A LONG TIME AND I
THINK HER INEXPERIENCE IS
REALLY SHOWING BECAUSE SHE'S
JUST DOIS THAT HAVE NO
BASIS IN THE LAW AND PLAY THIS
PLAY THAT OUT FOR US. IF HE'S
SE FOR AN APPEAL, IF
THIS SIMMERING FRUSTRATION IS
SEEN AND YOU SEE THAT KIND OF
POTENTIALLY LEADING FOR HIM,
ASKING FOR HER TO BE RECUSED.
HOW WHAT DOES THAT DO TO THIS
IN TIE PROCESS?
>> SO IT OBVIOUSLY WILL DELAY
IT BECAUSE HE WOULD JACK SMITH
WOULD FILE A WRIT OF MANDAMUS
WITH THE 11th CIRCUIT COURT OF
TAKES TIME. BUT ALTHOUGH THERE
IS A TRIAL DATE SET FOR
THERE IS NO SCENARIO IN WHIC
THIS TRIAL WILL GO IN MAY
BECAUSE THERE ARE SO MANY
RULINGS THAT THIS JUDGE STILL
HAS NOT RULED ON, INCLUDING THE
CLASSIFIEDNFORMATION
PROCEDURES ACT AND OTHER
RULINGS THAT JUST ARE OUR
FOUNDATIONAL AND NEED TO BE
RULED UPON. SO THIS IS THIS
CASE IING ANYTIME IN
THE NEE. ANYWAY,
ALTHOUGH JUDGE CANNON HAS NOT
SAID THAT NOR HAE PUT OF
MORE A FUTURE TRIAL DATE ON THE
CALENDAR. I THINK JACK SMITH IS
NOT WORRIED. I WOULD ASSUME
ABOUT THE FACT THAT HIS APPEAL
WILL DELAY THINGS. AND ALSO
LOOK, HE HAS NO CHOICE AT THIS
POINT BECAUSE ONCE A JUROR, A
JURY IS SWORN, SOMETHING CALLED
JEOPARDY ATTACK MATCHES, WHICH
MEANS THAT THAT IF THEY IF SHE
DOES GIVE THESE ERRONEOUS
INSTRUCTIONS AND THEY ACQUIT,
HE CAN APPEAL THAT DOUBLE
JEOPARDY WILL APPLY, AND
THAT'S THE OVER
FOREVER. SO THIS IS THE KIND OF
ISSUE THAT YOU CAN'T APPEAL
LATER. SO IT HAS TO HAPPEN NOW.
AND THESE INSTRUCTIONS ARE
TAILORED SO MUCH IN FAVOR OF
TRUMP AND FOR AN ACQUITTAL THAT
BUT TO APPEAL THIS. CHOICE
>> NOW, IT'S ALMOST AN ACTIVE
LEGAL DESPERATION THAT WE'VE
GOT TO DO IT NOW OR NEVER,
KATE, YOU WANTED TO ASK ABOUT
THE NEW YORK CRIMINAL CASE,
JUST LEANING ON YOUR EXPERIENCE
COMES TO THIS EXPANDED
GAG ORDER AND DONALD TRUMP
CALLING OUT THE JUDGE ON
THROUGH SOCIAL YESTERDAY,
CALLING HIM A CORRUPT NEW YORK
JUDGE SAYING THERE'S VIRTUALLY
NEVER BEEN A MORE CONFLICTED
JUDGE, T ONE, YOU HAVE
BEEN BEFORE THIS JUDGE. YOU'VE
BEEN BEFORE MERCHAN BEFORE YOU
KNOW, THIS, JUDGE, HOW DOES HE
OPERATE IN A COURTROOM?
>> HE'S A VERY DOWN THE
MIDDLE, JUDGE. YOU NOBODY WOULD
SAY HE'S PRO DEFENSE OR PRO
PROSECUTION. HE'S LIKE, UH,
JUDGES JUDGE WRIGHT, HE CALLS
BALLS AND STRIKES. HE'S VERY
MEASURED. HE'S NO LOSE
HIS TEMPER. HE'S NOT ONE TO BE
FRIENDLY WITH PEOPLE. HE JUST
HE COMES IN HE DOES HIS JOB AND
HE DOES IT IN A UNDERSTATED
Y
TIGHT CONTROL OF HIS COURTROOM
AND SO HE IS SOMEONE WS
THE KINDA JUDGE YOU'D WANT ON
A CASE LIKE THIS TO CALL HIM
BIAS, TO CALL HIM SOMEBODY
WHO'S PARTISAN, THAT IS NOT
SOMETHING THAT THOSE OF US WHO
HAVE APPEARED BEFORE HIM FOR
YEARS, MANY YEARS, WHATEVER SAY
ABOUT THIS, JUDGE, YOU COULD
SAY THAT ABOUT SOME OTHER
JUDGES, BUT THIS IS NOT THAT
KIND
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