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‘Stacking the deck’: Ex-prosecutor says Jack Smith set to appeal Judge Cannon’s looming order

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Special counsel Jack Smith

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Special counsel Jack Smith is expected to appeal a recent order from Judge Aileen Cannon regarding jury instructions in the classified documents case against Donald Trump.

Presidential Records Act

CBS News

Cannon asked both sides to submit proposed jury instructions interpreting the Presidential Records Act, which Trump has argued gives him the right to deem government materials as personal.

Trump’s defense

CBS News

Critics say this signals Cannon favors Trump’s defense and could stack the case in his favor.

Classified documents case

Youtube

The legal landscape surrounding the classified documents case against former President Donald Trump has witnessed significant developments, as judges have made crucial rulings in response to Trump’s efforts to dismiss the charges. The multidimensional legal saga, marked by intricate legal arguments and high-stakes implications, has sparked intense debates about the intricacies of the law, presidential accountability, and the potential reverberations for the broader political and legal landscapes.

Federal judges

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Federal judges, including Judge Aileen M. Cannon, have rejected key elements of Trump’s attempts to have the charges of mishandling classified documents dismissed based on his argument that the Presidential Records Act (PRA) protected him from prosecution. The rulings have underscored the complexities of legal interpretations and the pivotal role of the courts in adjudicating the legal arguments put forward.

Cannon’s ruling

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A former prosecutor predicted Smith will submit the instructions as required, then appeal Cannon’s ruling before a trial date is set.

Appealable order

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“Then he’ll have an appealable order,” former New York Assistant Attorney General Adam Pollock said.

Favor the defendant

Fox News

“This is completely putting the cart before the horse,” he said. “The judge is signaling, as she has signaled from the get-go, that she doesn’t believe in this case, that she doesn’t believe the case is warranted, and she’s stacking the deck in favor of the defendant.”

Appellate court

Fox News

“I would expect that if there is an order on these jury instructions, as she’s already signaling she is likely to order, that he’ll go right back to the appellate court,” he said.

Reversed

pixabay

An appeals court has previously reversed some of Cannon’s rulings in the case. Smith is anticipated to appeal to the appellate court again if Cannon orders jury instructions aligned with Trump’s disputed interpretation of the law.

Pre-trial basis

Fox News

Judge Cannon’s rulings have emphasized that the Presidential Records Act does not provide a pre-trial basis to dismiss the charges of mishandling classified documents or related obstruction charges against Trump. The legal decisions have shed light on the nuanced legal framework and the limitations of utilizing the PRA as a defense in the context of the criminal prosecution.

Trump’s dismissal

Fox News

The rejection of Trump’s dismissal bids may pave the way for the judiciary to address a host of unresolved pretrial issues, including determining the trial timeline and other legal complexities.

Potential implications

Fox News

The ongoing judicial considerations and the potential implications for the trajectory of the legal proceedings remain central to the evolving legal landscape.

Seek immunity

Fox News

Notably, the legal developments in the classified documents case intersect with Trump’s efforts to seek immunity from criminal charges through the Supreme Court.

High-stakes

Youtube

The impending high-stakes deliberations by the Supreme Court on Trump’s claim of presidential immunity are poised to shape the legal trajectory and the broader implications for presidential accountability.

Mishandling

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The legal battle over the mishandling of classified documents case against Trump holds the potential to set enduring legal precedents and shape the intersection of constitutional, criminal, and presidential accountability considerations.

Extend beyond

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The implications of the legal decisions extend beyond the immediate legal proceedings, bearing significance for future legal and political contexts.

Legal developments

Youtube

The legal developments have reverberated across the political landscape, fueling debates about the accountability of public officials, the limits of presidential authority, and the broader ramifications for the public’s confidence in the justice system.

Complexities and sensitivities

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The legal proceedings surrounding the classified documents case against Donald Trump reflect the complexities and sensitivities inherent in high-profile legal cases involving public figures.

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