The judge overseeing Donald Trump’s federal classified documents case has refused Department of Justice (DOJ) special counsel Jack Smith’s request of a discloser regarding the former president’s “advice-of-counsel defense” during the trial, sparking criticism online, reports Newsweek.
The advice-of-counsel defense opens up discovery and potentially new charges. Smith is hunting for more ‘evidence.’ All that takes time, and he doesn’t want the trial delayed until after the election.
Trump has pleaded not guilty to 40 charges relating to allegations he illegally retained top-secret and classified material after he left office in January 2021. Joe Biden, who had no legal right to take documents as Donald Trump did as president, was not charged. Biden even took documents from a super secret SCIF.
THE WHY
On Friday, Judge Aileen Cannon, who was nominated to the bench by Trump, rejected Smith’s request without prejudice. She will not force the former president to reveal if he plans on using a defense that he was merely relying on the advice of his lawyers.
In court filings, Cannon rejected federal prosecutors’ “motion to compel disclosure regarding advice-of-counsel defense” while saying such a request is “not amenable to proper consideration at this juncture.”
Judge Cannon rejected the request because she wanted to see “at least partial resolution of pretrial motions, transmission to defendants of the Special Counsel, exhibit and witness lists, and other disclosures as may become necessary.”
I’m not a lawyer, but it sounds more reasonable than rushing it by the prosecutor’s deadline.
THE LEFT IS ANGRY
The Left is highly critical online. We also know that the government intel agencies govern much of what you see online.
Her refusal has since sparked backlash online as she faces criticism over her decisions on the case. She is accused of failing to enforce a routine deadline amid claims the former president hopes to delay the trial until after the 2024 election. She doesn’t have to define “routine deadline” as the prosecutors do.
People online are angry that Donald Trump seems to want to delay the trials until after the election to avoid election interference. However, Mr. Smith is rushing the trials, as are the Manhattan and Fulton County District Attorneys, and the bizarre civil trials to keep Donald Trump busy this campaign season and possibly imprison and bankrupt him.
The Left can’t tolerate losing one ruling.
In D.C., Judge Chutkan, a friendly leftist, ordered Donald Trump to report if he would use the advice of counsel defense. The prosecutors are legally allowed to have this information. The prosecutors have to request it because it breaches attorney-client privilege.
Newsweek quoted one angry attorney who is also an MSNBC analyst.
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