Donald Trump got one over on Judge Aileen Cannon, who is overseeing the ex-president's criminal case involving stashed confidential documents, according to a legal expert.
Former federal prosecutor Kristy Greenberg, who recently spoke on the prospect of Trump seeing "prison time," appeared on MSNBC's Alex Witt Reports on Sunday, and was asked about a motion by Trump seeking to have Judge Cannon dismiss the suit.
Greenberg said Trump's legal team set the trap, and Cannon fell right in.
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"Trump moved here to dismiss the indictment on the grounds that certain phrases like unauthorized possession and relating to national defense were vague, and then Judge Cannon took the bait and said these definitions are still fluctuating, and she can't decide the motion now, and she kicked the can down the road," Greenberg said, adding that "there's nothing vague about these terms."
"What the statue prohibits is clear. It was clear to Donald Trump and should have been to Judge Cannon, yet, again, she gets it wrong. Charged with unauthorized possession of national defense information. It is well established in the law, and these claims have been rejected previously," she said. "It was clear to Donald Trump. He said he understood he possessed classified materials, he was told by the National Archives he could not have them after he left the presidency, he was told by former White House members, and he was told by his own lawyers. It was not vague to him."
She continued:
"He understood, and Judge Cannon by not making the decision and kicking the can down the road means he can appeal it, and perhaps double jeopardy would apply if he makes the motion later, and the jury is empaneled, and he has no ability to appeal later. It's a bad decision for the special counsel's office, and one we can expect to have frustration for the people who want to move this along. She clearly does not want to do so."
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