The 3 likely outcomes after special counsel rebuked judge in Trump case

CNN
4 Apr 202406:06

Summary

TLDRSpecial Counsel Jack Smith has sharply criticized Judge Eileen Cannon for her perceived misunderstanding of the law in the classified documents case against Donald Trump. Smith asserts that her proposed jury instructions are fundamentally flawed and could lead to a favorable outcome for Trump if not corrected. The crux of the issue revolves around Trump's claim that he transformed classified documents into private property under the Presidential Records Act, a defense Smith deems legally unsound. The future of the case hinges on whether Judge Cannon revises the jury instructions or not, with potential paths leading to either a trial with standard procedures or an appeal to the 11th Circuit Court of Appeals.

Takeaways

  • 📜 Special Counsel Jack Smith has issued a strong rebuke against Judge Eileen Cannon in the classified documents case, suggesting she has a flawed understanding of the law and facts.
  • 🔍 Judge Cannon requested jury instructions from both sides, even though the trial has not started and the trial date is not firmly set.
  • 🚫 Jack Smith opposes Trump's claim that he cannot be prosecuted due to a supposed transformation of classified documents into private property under the Presidential Records Act.
  • 🤔 There is confusion within the legal community as the judge previously seemed to find Trump's defense absurd, yet her request for jury instructions suggests otherwise.
  • 👨‍⚖️ National security attorney Brad Marsh explains three potential scenarios depending on Judge Cannon's decision regarding the jury instructions.
  • 👀 The first scenario is that if Judge Cannon disagrees with Smith, it could lead to a trial heavily in Trump's favor, making it nearly impossible for the government to win.
  • 🛑 The second scenario involves the judge changing the jury instructions, which could lead to a straightforward trial focusing on the essence of the Espionage Act case against Trump.
  • 📝 The third scenario is an appeal process where the judge's decision on the pretrial motions could lead to appellate review before the case proceeds to trial.
  • ⚖️ The government emphasizes the importance of the court deciding legal issues, rather than leaving it to the jury, which are fact finders.
  • 📈 The potential for an extraordinary option like a writ of mandamus is mentioned if Judge Cannon continues to punt the decision to the jury, indicating a possible intervention by an appellate court.
  • 🤝 Bradley Moss provides expert insight into the complex legal situation, highlighting the significance of the judge's decisions at this stage of the proceedings.

Q & A

  • Who is Special Counsel Jack Smith rebuking in the classified documents case?

    -Special Counsel Jack Smith is rebuking Judge Eileen Cannon in the classified documents case.

  • What issue is Special Counsel Smith taking with Judge Cannon's understanding of the case?

    -Special Counsel Smith is taking issue with Judge Cannon's understanding of the case, stating that she has a fundamentally flawed grasp of the legal and factual basis of the situation.

  • What did Judge Cannon request that has raised concerns for Special Counsel Smith?

    -Judge Cannon requested jury instructions from both sides, which has raised concerns for Special Counsel Smith as he believes the current instructions would not allow the government to win the case.

  • What is the significance of the jury instructions in this case?

    -The jury instructions are significant because they set out the legal framework and criteria that the jury will use to determine their verdict. In this case, the current instructions could heavily favor Donald Trump's defense.

  • What is the Presidential Records Act and how does it relate to Trump's claim?

    -The Presidential Records Act is a law that governs the preservation and public access to presidential records. Trump's claim is that he transformed classified documents into private property under this act, which Special Counsel Smith disputes.

  • What is the Espionage Act and its relevance to this case?

    -The Espionage Act is a U.S. federal law that governs the protection of national defense-related information. It is relevant to this case as it is the legal provision under which unauthorized possession of classified documents is being contested.

  • What are the three possible outcomes or 'doors' as described in the transcript?

    -The three possible outcomes are: 1) Judge Cannon disagrees with Special Counsel Smith and the case proceeds in Trump's favor, 2) Judge Cannon changes the jury instructions, allowing the case to proceed as the government wants, focusing on the essence of unauthorized possession, and 3) Judge Cannon sticks to her initial points, leading to a potential appeal or the seeking of a writ of mandamus.

  • What would happen if Judge Cannon does not change the jury instructions?

    -If Judge Cannon does not change the jury instructions, the case could proceed with a significant advantage for Donald Trump, as the current instructions would not allow the government to win the case.

  • What is a writ of mandamus and how does it apply to this situation?

    -A writ of mandamus is an extraordinary legal remedy used to instruct a lower court to correct an abuse of discretion or a misunderstanding of the law. In this situation, it could be sought if Judge Cannon continues with the current jury instructions, prompting an intervention by the appellate court.

  • What is the role of the 11th Circuit Court of Appeals in this case?

    -The 11th Circuit Court of Appeals could play a role if Judge Cannon decides to dismiss the case through a pretrial motion or if a writ of mandamus is sought. The government would want to bring the case to the appellate court before jeopardy attaches and before the trial starts.

  • What is double jeopardy and why does it matter in this case?

    -Double jeopardy is a legal principle that prevents a person from being tried twice for the same crime. It matters in this case because once the trial starts and a verdict is reached, the government would lose its ability to appeal a directed verdict in Trump's favor.

Outlines

00:00

📜 Legal Rebuke in Classified Documents Case

This paragraph discusses the sharp rebuke by Special Counsel Jack Smith against Judge Eileen Cannon in the classified documents case. Smith criticizes the judge for ordering briefings based on flawed understandings of the case, implying she lacks a grasp of the legal and factual aspects. The dispute centers on Trump's claim that he cannot be prosecuted due to his alleged transformation of classified documents into private property under the Presidential Records Act. The paragraph outlines the potential scenarios if Judge Cannon does not agree with Smith's legal stance, emphasizing the importance of the court's decision on the matter before it proceeds to trial.

05:01

🏛️ Court Decisions and Legal Options

The second paragraph delves into the implications of the court's decisions on the legal issues in the case. It highlights the role of the court as the decider of legal issues, contrasting with the jury's role as fact finders. The discussion focuses on the potential outcomes if the court does not rule on the motion to dismiss, which could prevent an appeal to the 11th Circuit Court of Appeals and lead to a trial. The paragraph also mentions the possibility of seeking a writ of mandamus as an extraordinary measure if the court continues to misinterpret the law, suggesting a potential intervention by the appellate court to correct the situation.

Mindmap

Keywords

💡Special Counsel

A Special Counsel is an individual appointed to conduct an independent investigation into matters of significant public interest, often involving potential misconduct or criminal activity by high-ranking government officials. In the context of the video, Jack Smith serves as the Special Counsel investigating the classified documents case related to Donald Trump.

💡Judge Eileen Cannon

Judge Eileen Cannon is a federal judge who is involved in the classified documents case concerning Donald Trump. As a judge, she has the authority to make decisions on legal matters, including setting jury instructions and interpreting laws.

💡Classified Documents

Classified Documents are materials containing information that has been determined by the government to be sensitive or critical to national security. Unauthorized possession or handling of such documents can lead to legal consequences, including criminal charges.

💡Presidential Records Act

The Presidential Records Act is a U.S. law that governs the preservation and disposal of Presidential records created and received by the President and his staff during their time in office. It distinguishes between personal papers of the President and official records that belong to the government.

💡Espionage Act

The Espionage Act is a U.S. federal law that criminalizes the disclosure of national defense information to unauthorized persons or entities. It is often invoked in cases where there is an alleged threat to national security due to the unauthorized possession or transmission of sensitive information.

💡Jury Instructions

Jury Instructions are the legal guidelines provided to the jury by the judge at the beginning of a trial. They outline the relevant laws that the jury must consider when making their decision and are crucial for ensuring that the jury understands the case properly.

💡National Security Attorney

A National Security Attorney is a legal professional who specializes in the laws and regulations related to national security. They advise on and litigate matters concerning the protection of the nation's security interests, including cases involving classified information and espionage.

💡Double Jeopardy

Double Jeopardy is a legal principle in the U.S. justice system that prohibits a person from being tried twice for the same crime following an acquittal. It is a constitutional protection that ensures individuals are not subjected to repeated prosecutions for the same offense.

💡Writ of Mandamus

A Writ of Mandamus is a court order issued by a higher court to a lower court that instructs the latter to correct an abuse of discretion or a misunderstanding of the law. It is an extraordinary remedy used when the lower court's actions are deemed to be beyond its legal authority or gravely incorrect.

💡11th Circuit Court of Appeals

The 11th Circuit Court of Appeals is one of the thirteen U.S. courts of appeals, which hears appeals from district courts within its jurisdiction. It is the next step for parties seeking to challenge or uphold district court decisions, and its rulings set legal precedents within its region.

Highlights

Special counsel Jack Smith delivers a sharp rebuke against Judge Eileen Cannon in the classified documents case.

Smith claims Judge Cannon's order is based on fundamentally flawed understandings of the case with no basis in law or fact.

Judge Cannon requested jury instructions from both sides before the trial has started or the jury has been picked.

The trial date is uncertain, indicated by it being written in pencil rather than ink.

Trump's claim that he cannot be prosecuted due to the Presidential Records Act is being contested by Jack Smith.

Last month, Judge Cannon seemed to find Trump's defense absurd, yet she asked for jury instructions that suggest the opposite.

The big question revolves around whether Judge Cannon agrees with Special Counsel Smith or not.

If Judge Cannon disagrees with Smith, it could lead to a jury trial that heavily favors Donald Trump.

Smith emphasizes the importance of the court deciding on the validity of the Presidential Records Act defense.

Trump's legal theory on the Espionage Act is considered garbage by Smith's team.

If the jury instruction proceeds as is, it would not allow the government to win the case.

Judge Cannon is urged to decide as a matter of law that the defense cannot be available.

Option two suggests a scenario where the judge changes the jury instructions, leading to a straightforward Espionage Act case.

The essence of the government's case is whether there was unauthorized possession of records.

The government wants the judge to decide the legal question regarding the Presidential Records Act and the Espionage Act.

If the judge sticks to her initial points, the special counsel may have to appeal to the 11th Circuit.

The government seeks the opportunity for appellate review before jeopardy attaches.

A writ of mandamus could be sought if Judge Cannon continues with the current jury instructions.

The discussion may involve considering whether Judge Cannon should remain on the case.

The transcripts reveal a legal battle over the interpretation of the Presidential Records Act and the Espionage Act.

The case highlights the tension between the judiciary and the prosecution over the handling of classified documents.

Transcripts

00:00

And now over to Trump

00:01

Legal World,

00:02

where special counsel

00:03

Jack Smith is delivering

00:04

his sharpest rebuke yet

00:06

against Judge Eileen Cannon

00:08

in the classified docs case.

00:10

In a filing just late last night.

00:12

Smith saying Judge Cannon

00:14

had ordered briefings

00:15

based on, quote,

00:16

fundamentally flawed

00:18

understandings of the case that has he

00:20

they call it no basis in law or in fact,

00:24

that in plain English,

00:25

where does that mean?

00:26

Special Counsel

00:27

Smith is telling Judge Eileen Cannon

00:30

that she has no idea

00:32

what she is talking about.

00:34

So what's this all about?

00:36

Well, Judge Cannon

00:37

requested jury instructions

00:39

from both sides.

00:40

And no, you didn't miss anything.

00:42

The trial has not started.

00:43

No, they haven't even picked the jury.

00:46

I mean, the trial date itself

00:47

is written in pencil. Not ink.

00:50

But Jack Smith wants the judge

00:51

to reject Trump's claim

00:53

that he cannot be prosecuted

00:55

because he transformed somehow

00:57

classified documents

00:58

into private property under

01:00

what's called

01:00

the Presidential Records Act.

01:02

Now, last month,

01:03

the judge seemed to signal

01:04

that she thought that defense was absurd.

01:07

But then here's a confusing part

01:08

for Jack Smith's team.

01:10

She asked for jury instructions

01:11

that would be the opposite.

01:13

So now the big question is,

01:14

where do we go from here?

01:16

Well, national security attorney Brad

01:18

Marsh is here with me at the magic wall.

01:20

And as I understand it, Brad,

01:22

we have got three options

01:24

here, three doors.

01:25

So what is behind door number one?

01:27

What happens

01:28

if Judge Cannon does not agree

01:31

with Special Counsel Smith?

01:32

So this is sort of the nightmare scenario

01:35

for the government.

01:36

If Judge Kennedy disagrees with how Jack

01:38

Smith outlined everything in his filing

01:40

and sends this to a jury

01:41

with that jury

01:42

instruction, it's

01:43

basically an open shut case

01:45

in Donald Trump's favor.

01:47

His lawyers could sit there

01:48

like Candy Crush on their phones

01:49

the entire time

01:50

because the way the jury instruction

01:52

is currently set out,

01:53

it would not allow for the government

01:56

to win.

01:56

That's why

01:57

Jack Smith outlines

01:58

this in the beginning of his filing,

02:00

saying it is vitally important

02:02

that the court promptly decide

02:03

whether the unstated legal premise,

02:05

this idea

02:06

about the Presidential Records Act

02:07

underlying the recent order

02:09

does, in the court's view, represent

02:10

a correct formulation of law.

02:12

They're saying this is what Jackson is

02:14

saying, is you've got it all wrong.

02:15

You don't.

02:16

You certainly don't understand

02:17

how this presidential Records Act works.

02:19

And with respect to the Espionage Act.

02:22

Trump's whole legal theory is garbage.

02:24

If you send this to a jury like this,

02:26

Jeopardy will have attached.

02:27

We won't be able to appeal

02:29

a directed verdict in his favor,

02:31

and we can't even proceed to trial.

02:34

So she's got to decide as a matter of law

02:36

that this defense cannot be available.

02:37

She's trying to punt to the jurors

02:39

and say,

02:39

hey, what do you guys think about this?

02:41

She's supposed to decide. All right.

02:42

What about door number two?

02:44

Because now the question is,

02:45

if the judge does

02:46

change the jury instructions,

02:48

what does that enable Jack Smith to do?

02:51

So this is sort of the reverse.

02:52

This is Donald Trump's nightmare.

02:53

This is what the government wants to see.

02:56

This is the way the Espionage Act cases

02:58

always proceed is it's simply an issue of

03:00

was there unauthorized possession?

03:02

Did you have the records

03:04

and did you fail to return them

03:06

when confronted about it?

03:07

That's the essence of their case.

03:10

And this is what he outlines.

03:11

Jack Smith's team

03:12

outlines in the filing

03:14

that the question

03:14

of whether the Presidential Records Act

03:16

has any impact on the element

03:18

of unauthorized possession

03:20

under Section 793, which is the Espionage

03:23

Act provision, does not turn on

03:25

any evidentiary issues.

03:26

This is basically the DOJ saying

03:28

to Judge Cannon,

03:29

this is a strict question of law.

03:30

It's not a question for the jury.

03:32

You're the judge.

03:33

You have to decide this.

03:35

Now, in the pretrial motions.

03:37

Do you agree with Donald Trump?

03:38

If you do go ahead,

03:39

rule in his favor,

03:40

will appeal to the circuit.

03:41

But if you don't, you've got

03:42

to reject his motion

03:44

to throw out this jury instruction.

03:46

And we proceed to trial with standard

03:47

jury instructions

03:48

in an Espionage Act case.

03:49

So under don't over two or behind it,

03:51

the case could still move forward

03:53

compared to

03:54

if they choose the jury section

03:55

that Trump would want.

03:56

This case could be D.O.A.

03:58

If this if it's still number one,

04:00

you may well not have a case.

04:01

The thing is over.

04:02

How about door number three?

04:04

I hate to even click it.

04:05

Let's see what's going on here.

04:06

Doing it three.

04:06

The question is,

04:07

if Shannon sticks to her initial points,

04:09

what are the special counsel's options?

04:11

This is in the appeal.

04:13

So this is where I think

04:13

we're likely headed to

04:15

is this question of

04:16

does she simply dismiss it

04:17

through the pretrial motion

04:20

as a matter of law,

04:21

or does she say, I'm going to try to keep

04:25

with these jury instructions,

04:26

but I'm to tell you now

04:27

in advance of going to trial,

04:29

that's why the government

04:30

was very clear here.

04:31

The government must have the opportunity

04:32

to consider appellate review

04:34

before jeopardy attaches.

04:36

They have to be able

04:37

to bring this to the 11th Circuit.

04:39

Now, if she's going to go this way

04:42

before they start their case,

04:43

because once they start their case,

04:44

double jeopardy attaches.

04:46

And if there's a directed verdict

04:47

in Donald Trump's favor,

04:48

they have no appellate options.

04:50

That's why they're saying

04:51

pick what you're going to do

04:52

at this point.

04:53

Just decide

04:54

what you want to do as a matter of law.

04:56

We'll go to the 11th Circuit

04:57

if we need to do so.

04:58

So reminding people

04:59

that the jurors are called fact finders.

05:01

Right?

05:01

They cite issues of fact,

05:02

but the court decides the legal issues.

05:05

And so

05:05

if she does not rule

05:07

on this motion to dismiss,

05:09

then they would not be able to go

05:10

to the 11th Circuit Court of Appeals

05:11

and then they get to go to a trial.

05:13

And that could be all.

05:15

This is where this will it interesting

05:17

if she does

05:18

if she tries to punt this now,

05:20

they're going to seek

05:20

what's called a writ of mandamus.

05:21

It's a very extraordinary option,

05:23

very rarely going.

05:25

Let me tell me what it means.

05:27

A writ of mandamus basically means

05:28

it's extraordinarily relief.

05:29

It's telling an appellate court,

05:31

the district court's messing up.

05:33

They're doing something.

05:33

It's abuse of discretion

05:35

and completely misunderstanding the law.

05:37

You need to come in and intervene. Now.

05:40

That is what they will likely have to do

05:42

if she tries

05:43

to continue to punt this to the jury,

05:44

they'll seek a writ,

05:45

what's called that writ of mandamus

05:47

to the 11th Circuit.

05:48

You've got to set it straight right now.

05:49

You know, setting her straight,

05:50

some people are talking about

05:51

that might mean considering

05:52

whether she should remain on the case.

05:54

That's going to be a pretty.

05:56

Well, I'll be waiting to see.

05:57

I don't necessarily know

05:58

if they're going to go that route,

05:59

but that would be part of the discussion,

06:01

no doubt.

06:01

Well, we'll see.

06:02

The gloves seem to be off so far.

06:03

Bradley Moss, thank you so much.