Jack Smith Issues Veiled Threat to Judge Cannon Over Her Jury Instructions in Trump Classified Docs Case

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by Cristina Laila

Special Counsel Jack Smith issued a veiled threat to Judge Aileen Cannon in response to her jury instructions.

Last month Judge Aileen Cannon issued a jury instruction order in Jack Smith’s classified documents case and the leftist legal analysts went apocalyptic.

Cannon gave two options for jury instructions.

The first option:

In a prosecution of a former president for allegedly retaining documents in violation of 18 U.S.C. § 793(e), a jury is permitted to examine a record retained by a former president in his/her personal

possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential using the definitions set forth in the Presidential Records Act (PRA).

The second option is:

A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision. Although there is no formal means in the PRA by which a president is to make that categorization, an outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.

“Cannon seems inclined to push the case to trial but is basically asking if she can stack the deck so Trump wins,” CNN legal analyst Norm Eisen said.

MSNBC’s legal reporter Jordan Rubin responded with “Judge Aileen Cannon is at it again.”

Jordan Rubin said Cannon is “apparently contemplating instructions that could effectively win Trump’s case for him…”

A J6 defense attorney told investigative reporter Julie Kelly that if Cannon gives these jury instructions, Jack Smith is “f*cked.”

Jack Smith responded to Cannon’s jury instruction order with a veiled threat: Do things his way or he’s going to seek “mandamus” at the appellate court so they can tell her what to do with the jury instructions!

Reading Jack Smith’s response on jury instructions and it’s clear that the gloves are off btw DOJ and Judge Cannon.

One defense attorney just told me: “The tone Smith is taking with Cannon is no longer persuasion but outright threats. Unheard of dynamic btw DOJ and the bench.”
Julie Kelly

Jack Smith is completely hysterical because he has virtually no control over Judge Cannon’s final jury instructions.

Jack Smith’s response is hysterical (and not in a funny way in a desperate way) bc he knows he has little control over her decision related to final jury instructions.

And he is arguing the basis for Trump’s “unauthorized possession” of national defense material rests on Obama exec order not the Presidential Records Act.

So everyone who cried for months that “DRUMPF BROKE THE PRA!” can sit down. Jack Smith says PRA now has nothing to do with the case.

Also reminder of the bait and switch here. NARA sought files based on the claims Trump was violating the PRA. He produced 15 boxes of papers. NARA then claimed they found records with “classified markings” and sent a criminal referral (1st time ever) to FBI.

FBI promptly opened investigation. FBI sent a subpoena to Trump in May 2022 seeking more records with “classified markings.” They turned over 38 more files.

Then in August, FBI sought search warrant seeking “national defense information.” Reminder too we have not seen full unredacted application for search warrant.

Did DOJ seek warrant under the PRA or the Espionage Act or Obama’s Exec Order or….what?


Julie Kelly

Now Jack Smith is threatening to take the jury instruction fight to the appellate court.

Via Julie Kelly: Smith demanded that Cannon rule now on jury instructions (she doesn’t have to) or dismiss the counts so he can appeal. If she doesn’t, he might seek “mandamus” at appellate court–asking 11th Circuit to tell Cannon what to do in the case.

This is why Smith is so angry–he knows if Cannon proceeds with the proposed scenario presented in her jury instructions order, he is, as one defense attorney told me at the time, f*cked.

He essentially demands that she rule now on jury instructions (she doesn’t have to) or dismiss the counts so he can appeal. If she doesn’t, he might seek “mandamus” at appellate court–asking 11th Circuit to tell Cannon what to do in the case. Very rare.


Julie Kelly

Jack Smith last year charged Trump with 31 counts under the Espionage Act related to presidential records lawfully stored at Mar-a-Lago.

Trump’s attorneys recently filed a flurry of motions to dismiss Jack Smith’s classified docs case.

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Threatening a Federal Judge will get you 25 to life.

Jack Smith was appointed Special Prosecutor illegally, so now is the time for Judge Cannon to rule Smith’s prosecution illegal.

“Cannon seems inclined to push the case to trial but is basically asking if she can stack the deck so Trump wins,” CNN legal analyst Norm Eisen said.

MSNBC’s legal reporter Jordan Rubin responded with “Judge Aileen Cannon is at it again.”

Jordan Rubin said Cannon is “apparently contemplating instructions that could effectively win Trump’s case for him…”

A J6 defense attorney told investigative reporter Julie Kelly that if Cannon gives these jury instructions, Jack Smith is “f*cked.”

In other words, if Trump is treated fairly and according to the law without a political bias, he wins.

So, Jerk Smith is threatening to FURTHER delay the trial?

Everyone knows Aileen Cannon is Trump-appointed Trump tool.

I was wondering where you were today. Every judge I dont like is a Trump tool.
I found this just 4 you and Diddy a good friend of Oprah
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Last edited 11 days ago by kitt

How will you celebrate Christian visibility day in November?

Actually, that’s celebrated in December.

Wrong buckwheat.

Explain what makes them “white supremacists”.

Your still a total idiot

Underlying Accounting Activities in DA Bragg Case Are Not Crimes – There Are No Crimes, Not Even Adjusting Entries!

It’s going to be November, too. We’ll make June Christian Recognition and Observance and Nothing Else Month.

There is no such a celebration as Kwanzaa in Africa, You Pinhead

Prove it. We have proof Merchant and Ergoron are Democrat lackeys, prove Cannon is biased.

Everyone here knows your a total idiot

Oh lawdy she is at it again trying to give Trump a fair trial.
Stacking the deck of marked cards from a Trump casino.
Careful Judge the prosecutor will go judge shopping if you dont do as he says.

Jack Smith was appointed Special Prosecutor illegally, so now is the time for Judge Cannon to rule Smith’s prosecution illegal.
At a minimum, a Special prosecutor would have to be a US Attorney, voted on and confirmed by the Senate. Smith was a private citizen, not a US Attorney. Ed Meese et al. filed an amicus brief with the Supreme Court on the illegality of Smith’s appointment in conjunction with President Trump’s claim of Presidential Immunity.

By the way…

Last edited 10 days ago by Greg

Like all your other criticisms of Trump, based on fantasy.

As always your as ignorant as the rest of them

Jack Smith, Andrew Weissmann and Norm Eisen Are Big Mad at Judge Aileen Cannon Overseeing the Trump Documents Case

Before getting into the weeds, here’s the big picture baseline. All documents and records created within the executive branch are created for the benefit of the head of the Executive Branch, the president.

There is no entity, organization, assembly, institution, person or individual, above the President of the United States. The president holds absolute power and absolute immunity. Everyone within the executive branch works at the pleasure of the president, and all work products are created for his administration. This is the plenary power of the president.

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The entire documents case in Florida rests on the principle that another entity supersedes the president within the executive branch. Some unknown, unnamed bureaucracy can override the president and decide for themselves what would be called a “presidential record” and what would be called “classified information.”

Jack Smith, Norm Eisen (pictured left, red tie) and Andrew Weissmann each argue that some other entity rests atop the president and can make this decision.

Judge Aileen Cannon has not determined which constitutional argument is correct, and has told the parties to create jury instructions both ways. The Lawfare crew of Smith, Eisen and Weissmann are going bananas.

Smith should be held for Contempt of Court and threatening the Judge he needs to be canned totally canned