'Smith gets results!' Expert says Judge Cannon 'took to heart' prosecutor's brief
The same week that special counsel Jack Smith filed a blistering motion in court ordering right-wing Judge Aileen Cannon to rule one way or the other on former President Donald Trump's use of the Presidential Records Act as a defense in the Mar-a-Lago classified documents case, she issued a ruling that denies Trump's bid to dismiss the case on those grounds.
It's a victory for Smith, and a sign that Cannon was stung by the criticism of how she ran her courtroom, former federal prosecutor Harry Litman told CNN's Boris Sanchez — but it's not a complete victory, and Cannon has still left open the possibility of giving the jury instructions that would torpedo the case, which means Smith could still seek her removal, as he has subtly threatened to do.
Litman's explanation came after a triumphant post to X proclaiming that "Smith gets results!"
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"Your reaction to Judge Aileen Cannon's ruling in the classified documents case?" said Sanchez.
"So my best guess, Boris, is [that] Jack Smith is saying, two cheers for Judge Cannon today," said Litman. "On the one hand, she ruled, and that's what she wasn't doing. And obviously, she took to heart, or was chastened by, his very strong filing Monday night that said, get off the diamond, rule already please."
However, Litman added, "What she said was very sort of basic. She just said, look, the indictment itself charges the Espionage Act, doesn't mention the Presidential Records Act. The indictment is sufficient to give information. So I'm denying Trump's motion to dismiss based on the Presidential Records Act. But she then drops a paragraph that will give a little heartburn that says, of course, I could still at trial change my mind, and basically give the jury instructions based on the bogus Presidential Records Act."
"And so that risk that really prompted Smith to act and do a forceful filing is not completely eliminated, but she replied, she issued an order and she denied Trump's motion," said Litman.
On social media, Litman said, "Jack Smith gets results."
Watch the video below or at the link right here.
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