‘Nuclear button’: Special counsel may seek removal of judge in Trump secrets case, lawyer warns

President Trump has also spoken out in defense of the judge. Post Smith on his Truth Social platform, saying this is how it should be. “sanctioned or condemned”Criticizing Cannon’s recent jury instruction proposal, he accused a “deranged ‘special’ prosecutor” of invoking a two-tiered justice system while “obviously trying to ‘play judge'” .

“He should not even be allowed to participate in this sham lawsuit. I am subject to the Presidential Records Act, unlike crooked Joe Biden, Hillary Clinton, and others,” Trump wrote.

But instead of backing down, Aronberg said in a court filing Thursday that Cannon, who described her proposed jury scenario, had stoked these tensions, leaving Smith with no choice but to appeal. He said it might be possible.

“Cannon seems bolder than Smith,” he said.

Cannon responded Thursday: Directed President Trump and the special counsel to submit jury instructions based on two competing scenarios. When it comes to the Presidential Records Act related to the indictment against Trump, it is intended to “better understand the competing positions of the parties and the questions that should be posed to the jury in this complex case that relies on first impressions.” It was nothing short of a “true attempt”.

The judge also said Smith’s request for a speedy ruling on whether the legal premise behind her request was a “correct enactment of law” was “unreasonable.” She then appeared to blame the special counsel.

“As always, any party is free to utilize any appellate options it deems fit to exercise, as permitted by law,” Cannon added.

Trump’s lawyers say the Presidential Records Act allows Trump to determine whether the records are personal or presidential, including the classified documents seized by federal agents at his Mar-a-Lago mansion. Trump’s decision cannot be overturned. court. Mr. Smith’s office characterized Mr. Trump’s defense using the Presidential Records Act as “not based on any fact,” and said there is no evidence to support his claim that the documents were personally created while he was president. I doubted that there was.

As Trump struggles to find more time to argue in Florida, Smith’s office has expressed dissatisfaction with Cannon’s pace, with Cannon’s documents showing pending legislation. It contains many judgments.

In a separate case involving Trump, Smith argued there was a “national interest” in having charges against the former president “promptly resolved.” (Trump disagrees, saying taking the case to court before the election would interfere with the electoral process.)

In addition to the classified documents case, Trump faces two criminal lawsuits over his efforts to stay in power after the 2020 election, one in a federal lawsuit filed by Smith and one in Georgia. The case was filed in state court and is scheduled for a new trial in April. York is embroiled in allegations that he falsified his business records to conceal hush money payments before the 2016 election. Cannon has not yet set a trial date in Florida.

For Smith to proceed with his appeal, Cannon must rule on whether the Presidential Records Act allows Trump to keep confidential records after he leaves office, which is at the heart of the case against the former president. It is a suspicion.

“The problem is that until Smith issues specific instructions based on jury instructions, he cannot yet appeal this issue,” Aronberg said. “If she wants to accuse Smith of bluffing, Judge Cannon should either announce that the jury instructions have been adopted, or dismiss the case based on her understanding of the PRA.”

In Thursday’s ruling, the judge instead rejected Trump’s request to drop the charges against him on the grounds that they are protected by the law.

And if Cannon instructs the jury premised on the federal prosecution’s challenge, the government cannot appeal the jury’s acquittal in the future. That means Smith is under pressure to ensure Cannon gets a sentence, prosecutors and defense attorneys said.

“What Smith is concerned about is that once the trial begins, the jury will make a final decision based on misdirected instructions. If that happens, Smith will not be able to appeal the decision due to the double jeopardy rule.” said Aronberg. The special counsel can appeal to her judge by asking Cannon to make her decision, and if federal prosecutors decide to do so, the 11th Circuit to remove her for her appearance of bias. You can make a request to the ward.

“He’s trying to force his way into her hands,” said Ken White, a federal criminal defense attorney in Los Angeles. “He’s trying to say, ‘I want a verdict on this right now,’ and he’s filing a lawsuit that points out that if she messes up the jury instructions, he has the option of seeking extraordinary relief in circuit court.” withdrawn in the motion. This suggests that this is exactly the type of situation that should motivate the circuit to get involved.”

“If she did something crazy enough, and this jury instruction order is crazy compared to what prompted her to reverse the civil suit, then the circuit court would decide to do it to someone else.” “There’s a good chance we’ll send it,” White added.

Cannon was assaulted in circuit court two years ago. accepted President Trump’s request A special inspector general reviewed evidence seized from the Mar-a-Lago property, temporarily blocking a portion of the Justice Department investigation before it was overturned.

If Cannon is removed, the case will have to be reset, and the judge will need to decipher a wide range of issues. If that happens, pre-election trials will become virtually impossible.

“This case never went to trial before the election,” Aaronberg said. “She always respected our schedule without questioning her defense.”

playing cardsfacing multiple chargesClassified documents cases include willful retention of national defense information, false statements or representations, conspiracy to obstruct justice, withholding of documents or records, and corrupt concealment of documents. He has pleaded not guilty to all charges. Co-defendants in the case, Walt Nauta and Carlos de Oliveira, also pleaded not guilty to related charges.

catherine doyle

Katherine Doyle is a White House correspondent for NBC News.