All articles tagged with #special counsel jack smith
Originally Published 1 year ago — by CNN
Judge Aileen Cannon dismissed the classified documents case against Donald Trump, citing the unconstitutional appointment of special counsel Jack Smith. The decision, influenced by Supreme Court Justice Clarence Thomas's criticism, has sparked reactions from both political parties, with Trump calling for the dismissal of other cases against him.
Originally Published 1 year ago — by Al Jazeera English
A Florida judge appointed by Donald Trump has dismissed the criminal case against him regarding the mishandling of classified documents, citing the improper appointment of Special Counsel Jack Smith. This decision voids the prosecution, which included 31 counts of willful retention of national defense information, each punishable by up to 10 years in prison. The ruling is a significant victory for Trump as he prepares for the Republican National Convention.
Originally Published 1 year ago — by The Daily Beast
Judge Aileen Cannon declined to impose a gag order on Donald Trump in his classified documents case, citing procedural errors by prosecutors who failed to consult with Trump's legal team. The motion was denied "without prejudice," allowing prosecutors to reapply after proper consultation.
Originally Published 1 year ago — by CNN
Federal Judge Aileen Cannon denied special counsel Jack Smith's request for a gag order against Donald Trump in the classified documents case, criticizing prosecutors for not properly consulting with Trump's defense team. The judge emphasized the need for meaningful conferral before such motions and indicated that prosecutors could refile the request after giving Trump's team adequate time to review and discuss it.
Originally Published 1 year ago — by Above the Law
Judge Aileen Cannon grants Special Counsel Jack Smith’s request for redactions in a case involving Trump's demand for discovery from the entire executive branch, while criticizing the prosecutor for not educating her on legal standards. She ultimately agrees to redact witness identities, personal information, and grand jury transcripts, but fails to give the special counsel a concrete basis for appeal to the Eleventh Circuit. Despite showing vulnerability, she is not likely to be slapped down by the Circuit this time.
Originally Published 1 year ago — by ABC News
Special Counsel Jack Smith has filed a brief urging the Supreme Court to reject former President Donald Trump's claim of immunity from prosecution in his federal election subversion case, arguing that no person, including the President, is above the law. Smith refutes Trump's immunity theory as lacking historical precedent and emphasizes the existing safeguards in the criminal justice system. The case presents novel legal questions, as Trump is the first current or former president to be criminally indicted, and the Supreme Court is scheduled to hear oral arguments on the issue on April 25.
Originally Published 1 year ago — by NPR
The judge in former President Donald Trump's classified documents case, Aileen Cannon, has been making pre-trial decisions that have raised concerns among legal experts and Special Counsel Jack Smith. The latest controversy revolves around the judge's request for jury instructions on the Presidential Records Act, which suggests she may be crediting Trump's defense that he was authorized to keep the documents. Smith's team has expressed concerns about the judge's legal premise and the potential impact on the case, emphasizing the need for a prompt resolution to avoid complications during the trial.
Originally Published 1 year ago — by Fox News
Special Counsel Jack Smith criticized U.S. District Judge Aileen Cannon's request for hypothetical jury instructions in the case of former President Trump's possession of classified documents, arguing that it rests on a "fundamentally flawed legal premise." Smith asserted that the Presidential Records Act is not relevant to Trump's case and warned that if the judge proceeds with her order, prosecutors will appeal. The case remains unsettled, with multiple defense motions to dismiss the indictment pending, and the trial date uncertain.
Originally Published 1 year ago — by Fox News
The Supreme Court will hear arguments on April 25 regarding whether former President Donald Trump is immune from prosecution in Special Counsel Jack Smith’s election interference case. Trump's criminal trial has been put on hold pending the resolution of this matter, and a ruling is expected by late June. This will be the second time this term the Supreme Court will hear a case involving Trump, following a recent unanimous ruling in his favor regarding Colorado's attempt to remove him from the 2024 primary ballot. Trump and his legal team argue that presidential immunity is crucial for the effective functioning of the presidency, while the prosecution contends that criminal prosecution imposes a far greater personal vulnerability on the President than any civil penalty.
Originally Published 1 year ago — by Fox News
Special Counsel Jack Smith and attorneys for former President Trump have proposed new start dates for the trial related to Trump's alleged improper retention of classified records, with Smith suggesting a July 8 start date and Trump's attorneys proposing August 12. Trump's legal team argued that a fair trial cannot be conducted this year due to his status as the leading GOP candidate for the 2024 presidential election. The proposed trial date would coincide with the Republican National Convention if Trump wins the GOP nomination. This comes amid the Supreme Court's consideration of whether Trump has presidential immunity from prosecution in a separate federal election interference case, with a decision expected in mid-June.
Originally Published 1 year ago — by The New York Sun
Special Counsel Jack Smith is gaining victories in the courtroom of Judge Aileen Cannon, with a ruling that President Trump's co-defendants cannot view classified documents and a denial of Trump's request for a pretrial deadline delay. The judge found that the charges against the co-defendants do not require proof of willfully retaining documents related to national defense. Smith is also seeking a reconsideration of the order to unseal potential witnesses' identities. The high-stakes litigation is set to commence with arguments for the May 20 trial date, which Trump has requested to delay indefinitely.
Originally Published 1 year ago — by Newsweek
Judge Aileen Cannon has granted Special Counsel Jack Smith's request to deny Donald Trump's co-defendants access to sensitive materials they are accused of concealing at Mar-a-Lago. The judge ruled that the co-defendants' personal review of the classified materials would not be relevant and helpful to their defense, and that they failed to explain how it would help counter the allegations against them. The trial is currently scheduled for May 20, with a scheduling conference set for March 1 to address related motions.
Originally Published 1 year ago — by CNN
Georgia Governor Brian Kemp discusses his conversations with Special Counsel Jack Smith regarding investigations into former President Donald Trump's efforts to influence the 2020 election.
Originally Published 1 year ago — by New York Daily News
The U.S. Supreme Court has given special counsel Jack Smith one week to respond to former President Trump's immunity appeal in the Jan. 6 election interference case. Trump's claim of blanket immunity from prosecution for actions while in office has sparked a legal battle that could determine the timing of his trial, with potential implications for the upcoming presidential election. The court's decision on whether to hear Trump's appeal could impact the start date of his trial, which is currently set for mid-spring.
Originally Published 1 year ago — by Fox News
Former President Trump is asking the Supreme Court to extend the delay in the trial stemming from Special Counsel Jack Smith’s 2020 election interference case, claiming presidential immunity. Trump's legal team argues that without immunity from criminal prosecution, the presidency as we know it will cease to exist, and that such prosecutions will become increasingly common, ushering in destructive cycles of recrimination. The request for temporary relief aims to give the Trump legal team more time to file an appeal to the Supreme Court on the merits of whether a former president deserves immunity from criminal prosecution for actions while in office.