Aileen Cannon’s Decision Puts Donald Trump’s Trial on Hold, Frustrating Prosecutor Jack Smith

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Written By Blue & Gold NLR Team

 

 

According to legal expert Greg Germain from Syracuse University, prosecutor Jack Smith is facing a tough challenge in trying to halt Judge Aileen Cannon from indefinitely postponing the classified documents case against former President Donald Trump.

Cannon, appointed by Trump, delayed the trial due to legal disputes over classified evidence and a backlog of pending motions.

Germain explains that Smith would find it hard to challenge Cannon’s decision, as interlocutory suspensions like Cannon’s cannot be appealed. Despite Smith’s frustration, reversing Cannon’s scheduling order would be tough because courts have broad control over their calendars.

Cannon’s ruling has hindered Smith’s efforts to start the trial before the November election, which was a priority for both Democrats and some Republicans.

The case accuses Trump of holding onto classified documents at his Mar-a-Lago resort in Florida and obstructing federal officials’ attempts to retrieve them. Trump maintains his innocence, stating that the retained documents were personal.

Observers have noted the slow progress of the case under Cannon’s handling, with ongoing disagreements between Cannon and Smith over proposed jury instructions. Cannon’s instructions would allow the jury to consider Trump’s right to keep presidential records as personal items, a position strongly opposed by Smith.

The trial’s start date remains uncertain, and if re-elected, Trump could potentially intervene through actions like self-pardoning or appointing an attorney general to drop the charges.

Efforts to gather comments from Trump’s attorney and the offices of Smith and Cannon were unsuccessful at the time of reporting.

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