RawStory

Jack Smith

'It’s clear' Aileen Cannon 'is going in a ridiculous direction': retired judge

Judge Aileen Cannon's rulings have baffled and confounded many legal experts over the last year, and at least one retired judge thinks it's time for special counsel Jack Smith to get her booted from the Mar-a-Lago documents case.

In an interview with Politico, retired federal judge Nancy Gertner made the case that Cannon has already done more than enough to disqualify herself from overseeing such an important case.

Keep reading... Show less

‘Let’s talk about the Nazis’: Republican opposing paramilitary activity bill under fire

Republican state lawmaker Laurel Libby stood up on the Maine House floor to support the Second Amendment rights and right of freedom of association of neo-Nazis in the Pine Tree State. Rep. Libby, strongly opposing a bill that would place a ban on paramilitary activity or groups working to cause civil disorder, on Wednesday called the legislation "unconstitutional." 26 states currently have similar laws.

Neo-Nazi groups have been popping up in Maine. The bill Libby spoke against was in response to neo-Nazi events and issues over the past year.

Keep reading... Show less

Judge Cannon has Jack Smith in 'legal purgatory' and may force his hand: prosecutor

Appearing on MSNBC's "Way Too Early" on Friday morning, Palm Beach County State Attorney Dave Aronberg accused U.S. District Court for the Southern District of Florida Judge Aileen Cannon of trying to protect Donald Trump from being tried for obstruction of justice.

Speaking with host Jonathan Lemire, the Florida prosecutor stated the Trump-appointed judge has plunged special counsel Jack Smith into "legal purgatory" with her latest ruling.

Late Thursday, Cannon denied Trump's bid to use the Presidential Records Act (PRA) as cover for hoarding sensitive government documents at his Mar-a-Lago resort but still left a door open for the former president's lawyers to bring it up again during the trial — which still does not have a start date.

ALSO READ: A criminologist explains why keeping Trump from the White House is all that matters

According to Aronberg, Cannon is giving Smith little room to turn to the 11th Court of Appeals to intercede on his behalf.

After arguing that "Jack Smith is in a bit of a trick box. He wants to essentially call the judge's manager but the judge has to approve it first, and she hasn't done so yet," he was asked by Lemire what is next up for the special counsel.

"You've said the tone of special counsel Smith's filing shows he's right up against the edge, basically he's fed up with what he's heard from this judge and he might even consider going to the 11th Circuit Court and try to push them to remove Judge Cannon from the case. Do we think there's a possibility that could actually happen?" Lemire prompted.

"Judge Cannon has given Jack Smith reason to do so, but it's a high burden to reach," Aronberg replied. "If he thought he could get her removed he would have done so. He may try to file a motion to prevent Donald Trump from using this PRA defense at trial, and thus it wouldn't appear in the jury instructions. We'll see what happens, but then Judge Cannon has to hear the motion and rule on it and she can do a bunch of things to hurt Jack Smith here. He's in a bit of legal purgatory here. He can't really appeal that order so he's going to have to find other means — maybe the motion to recuse the judge is the option he chooses."

Watch the video below or at this link.

Keep reading... Show less

Judge Cannon has 'sword of Damocles' hanging over Jack Smith: expert

U.S. District Judge Aileen Cannon, who is presiding over Donald Trump's classified documents slog of a case, has put special counsel Jack Smith in a tough spot.

Laurence Tribe, while appearing on MSNBC's "The Last Word" with Lawrence O'Donnell, described the predicament Smith is in for as long as Cannon remains on the bench in the case.

Keep reading... Show less

Legal analysts sharply divided as they predict Jack Smith's next move in Trump's docs case

Legal experts on Thursday attempted to predict Special Counsel Jack Smith's next move in Donald Trump's criminal case over classified documents. They were sharply divided.

Smith has had numerous confrontations with the jurist overseeing the federal case in Florida, Judge Aileen Cannon, including recently calling her out to decide on the merits Trump's arguments based on the Presidential Records Act. Cannon denied that order and ruled that the PRA doesn't do away with the case completely, but left an opening for presenting the argument to a jury during the process of selection.

Keep reading... Show less

'You are well aware': CNN host debunks ex-Trump lawyer's docs argument live on air

Former President Donald Trump's ex-lawyer Jim Trusty attempted to defend his former client's actions in the Mar-a-Lago classified documents case on CNN Thursday — a discussion that came shortly after Trump's latest bid to dismiss that case was denied — but was swiftly backed into a corner as anchor Brianna Keilar dismantled his arguments.

"[Special counsel] Jack Smith says this theory [that he could keep the documents] came out, not from the lawyer, but from the head of Judicial Watch, which is a right-wing activist group," said Keilar. "If it was something that Trump really believed or that his legal team really believed — because one of his employees said to Judicial Watch, they did not believe that this was correct analysis —why wouldn't Trump have put it out there?"

Keep reading... Show less

Jack Smith has a pre-appeal option to take on Judge Cannon: ex-prosecutor

Special counsel Jack Smith's angry filing accusing Judge Aileen Cannon of slow-walking rulings in the Mar-a-Lago classified documents case appeared to have a partial effect, with the right-wing judge moving on Thursday to deny former President Donald Trump's Presidential Records Act defense as grounds to dismiss the case — but she reserved the right to adopt Trump's overbroad view of the law at trial, still refusing to issue a final ruling on the matter.

Smith has dropped subtle threats he could go to the 11th Circuit to force her to do so — but he actually has another option, former federal prosecutor Mary McCord told MSNBC's Chris Hayes.

Keep reading... Show less

Legal expert 'hard-pressed to recall' a judge treating someone as Cannon has to Jack Smith

Donald Trump may have lost his battle to get his classified documents case tossed, but he continues to notch minor wins in the case, and all the while his appointed U.S. District Judge Aileen Cannon keeps tussling with Special Counsel Jack Smith in remarkable ways.

"I am hard-pressed to recall having seen a federal district judge tell a party their behavior is unjust in a context divorced from sanctions as we see here," said former litigator Lisa Rubin on MSNBC's "The Reid Out."

Keep reading... Show less

'Nod to the judge': Trump aide says ex-president just tried to 'sway' Judge Cannon

Donald Trump is purportedly using flattery to help pave the way to freedom.

On Thursday, former President Donald Trump played U.S. District Judge Aileen Cannon's ardent defender, calling her "highly respected" after she came under criticism by Special Counsel Jack Smith.

Keep reading... Show less

'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.

Keep reading... Show less

Judge Cannon 'basically inviting' Jack Smith to ask for her removal in new filing: expert

On Thursday, Judge Aileen Cannon dismissed Donald Trump's claim that the Presidential Records Act protects him from prosecution for taking government documents when he left office in 2021.

The move came after special counsel Jack Smith submitted an emphatic response telling Cannon that her proposed jury instructions — that would direct jurors to consider that classified documents in the case could be considered personal property of Trump under the PRA — were unacceptable.

Keep reading... Show less

Cannon rejects Trump's bid to dismiss classified documents charges in new ruling

Judge Aileen Cannon Thursday rejected former President Donald Trump's motion to dismiss his classified documents case based on the Presidential Records Act, according to court records and reports.

Cannon ultimately opposed Trump's legal team's argument that he was allowed to store boxes of official documents at his Palm Beach social club Mar-a-Lago, reported MSNBC host Katie Phang.

Keep reading... Show less

'Positively pummeled': Cannon allows constitutional lawyers to trash Trump in new brief

Judge Aileen Cannon, an appointee of Donald Trump's who faces accusations of bias, has allowed the submission of a new brief trashing the former president's challenge to special counsel Jack Smith's appointment, court records and reports show.

Law&Crime revealed Thursday that the Florida federal court judge overseeing Trump's classified documents case allowed experts to submit a motion that "positively pummeled the ex-president."

Keep reading... Show less