Former president Donald Trump has been in court for mishandling some classified documents. But as the case develops, it seems that other parties involved are a little too emotionally invested.
More precisely, special counsel Jack Smith uses some “aggressive” language with the judge handling Trump’s case. This behavior has made some people suspect that he has a difficult relationship with her. Read on for more details.
Jack Smith’s Warning To Judge Aileen Cannon
The issue began when counsel Jack Smith made an odd warning to the judge presiding over Trump’s case. The politician said in a court filing that he would appeal to a higher court if Cannon didn’t change the wording of her proposal.
Essentially, Smith wasn’t angry at her ruling or conduct. He just finds how she worded her proposal to the jury “uncomfortable.” As expected, other professionals had something to say about it.
‘It Is Unusual’ – Joyce Vance
Joyce Vance was one of many professionals who gave her thoughts about Smith’s behavior. She wrote on her legal blog, Civil Discourse, calling it “unusual”. Nevertheless, they may have to comply if they want to keep the case going.
In Vance’s own words: “It’s unusual for federal prosecutors to be this aggressive with a judge, but they have no other choice here if they’re going to protect their case.”
Judge Aileen Cannon Responds
Judge Cannon responded on the same Friday Joyce Vance gave her thoughts. She called his filing “unprecedented and unjust.” Essentially, there was no concrete reason for his complaint as she didn’t break any law or legal customs.
Vance supported Judge Cannon, calling it a “truly an incredible situation.” She further adds that when someone like Jack Smith drops a tone of deference towards the judge, “you know it’s deliberate.”
What Exactly Did Smith Say?
Smith’s comment has sparked conversation in the legal community. But what precisely did he say? In his filing, Smith wrote: “As the Government has previously explained,” which Vance said was “not just a turn of phrase.’
He goes deeper, saying: “His message throughout the response is that time is up; he’s out of patience. The judge has had everything she needs to make a decision in front of her for weeks. Either the judge rules promptly and properly, or the government is ready to go to a higher court.”
What Will Smith Do Once He Reaches A Higher Court
Smith is so adamant that Judge Cannon should change how she says her proposal. But what if she refuses? Well, the council member threatens to take the situation to a higher court. What will happen there?
Apparently, at the higher court, Smith hopes to get a mandamus order. This order is used to force the judge to do a specific task. In this case, he will make Judge Cannon change the wording of her proposal.
The Statement Got Counsel Smith Angry
What precisely made counsel Smith “angry” enough to threaten to appeal to a higher court? Well, Judge Cannon told the jury that maybe Trump has the power to turn classified documents into his personal property.
It’s an odd suggestion, but she claims it may be possible under the Presidential Records Act. What’s that? It’s basically a section that allows the president to hold some really special documents and then treat them as he would his personal papers.
Understanding Trump’s Case
Before we continue, let’s shed more light on the issue with Trump. He’s currently in court for illegally holding classified documents in his resort in Florida. This action made it difficult for federal officials to get a hold of them, resulting in legal action.
Naturally, Trump pleaded not guilty. He claims he did nothing wrong and acted within his rights as the former president of the United States. Judge Cannon seems to agree with Trump; hence, her proposal.
Judge Cannon Isn’t Done Yet
So far, several arguments have been made against and in favor of Trump. At the moment, Judge Cannon seems to favor the idea that the president can designate classified files as personal documents.
But for now, she hasn’t given her final thoughts on the matter. During Thursday’s court session, Cannon said that she may issue her final decision at a later date.
More Threats From Smith
Even with his threat to take Cannon to a higher court, it seems Smith isn’t done with his threat. In his Thursday filing, Smith warned that the persecutors would not be allowed to appeal if Trump is acquitted.
Why? He claims this revoked permission is because of the double jeopardy rule. Essentially, double jeopardy prevents a defendant from being tried for the same case twice.
Ultimately, Judge Cannon Won’t Modify Her Words
Smith’s message is that Cannon should change how she explained her proposal to the jury. So far, political commentators think he’s being ridiculous, but what did Judge Cannon say?
She gave a strict response to Smith’s request, saying, “…the court declines that demand as [it is] unprecedented and unjust.” So, does this mean war?
What Happens When Smith Makes His Appeal
Right now, Judge Cannon has refused Smith’s demands, as people say “She’s standing on business.” So what happens next? Well, it’s possible that Smith will take his “unprecedented” request to a higher court and file for a mandamus order.
But what happens once this is in motion? Experts think there will be one of three results. First, the court may side with Smith and tell Cannon to change her wording. On the other hand, they may reject his request and allow the case to continue. As for the third and most likely option, they will dismiss his order.
They Will Most Likely Reject Smith’s Request
A lot of legal experts are certain that the court will reject Smith’s order without giving it the time of day. This idea comes from the fact that the court’s time is precious, so they have to be sure a case is worth every hour spent.
Seeing that all Smith wants is to change how Judge Cannon said her words and not the proposal itself, he may get dismissed. Such a demand has no effect on the trial and will be a guaranteed waste of the court’s limited time.
The Case Continues
Smith has faced criticism for “throwing a tantrum” in court. He’s asked Judge Cannon to change how she worded her proposal to the jury for Trump’s case. As expected, Cannon said no.
She called his request “unprecedented and unjust”. So, she’s making no modifications. But with this decision, Smith may follow through with his threat and take the case to a higher court. However, there’s a chance it might get dismissed immediately.
