Palm Beach County State Attorney Says Jack Smith Close to Using ‘Nuclear Button’ to Remove Judge Cannon From Trump Classified Docs Case Over Her Jury Instruction Order

Gateway Pundit ^ | April 5, 2024 | Cristina Laila

[Macho MAGA Man]

Here we go.

Palm Beach County State Attorney David Aronberg says Jack Smith is close to using a ‘nuclear button’ to remove Judge Aileen Cannon from the Trump classified documents case over her jury instruction order.

“He is close to pushing the nuclear button,” said Palm Beach County State Attorney David Aronberg, according to NBC News. “It is a high burden to reach, and it is rarely done, but her proposed jury instructions may have pushed him to the breaking point.”

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

..... Snip.....

Jack Smith earlier this week threatened to take the jury instruction fight to the appellate court.

On Thursday Judge Cannon declined Jack Smith’s demands of her jury instruction order as “unprecedented and unjust.”

..... Snip.....

Palm Beach County State Attorney David Aronberg and other defense attorneys are now encouraging Jack Smith to go nuclear and remove Judge Cannon from the case.

[jacknhoo]

“In short: this is a proposed order, so cannot be appealed. Now go back to sleep until GP rings the bell again.”

_________

You don’t know what you’re talking about. It can be appealed. GP is right and you’re wrong.

[Political Junkie Too]

The issue is that Cannon has NOT made the ruling yet. Smith can't appeal until she actually rules on the jury instructions. Until then, there is nothing procedurally to appeal.

All that's been done so far is that Cannon requested competing instructions from both sides and gave both sides "proposed" texts for possible inclusion in jury instructions, one text encapsulating Smith's allegations against President Trump, and the other text encapsulating President Trump's defense arguments.

Smith is annoyed that Cannon even contemplated that Trump's defense argument is feasible in her sample instruction (Smith called Trump's defense "fundamentally flawed"), and Smith is trying to use this to claim some kind of bias to have Cannon removed from the trial. But he has to wait for her to actually rule first.

See the actual NBC article that is linked within the GP article for details.

-PJ

[sauropod]

I kinda don’t care. Smith was illegally appointed.

[Fury]

What ignorance. HOW will he remove Judge Cannon?

For WHAT? This: "...soliciting preliminary draft instructions on certain counts..."

A writ of mandamus or other legal process to "remove" Judge Cannon would be laughed out of court.

[Danie_2023]

“A judge would have to have made a decision that was completely indefensible.”

Yes, but.... the new norm is... “indefensible” is anything the Marxist Democrats deem it to be. The system is corrupted from the bottom to the very DOJ top.

[sauropod]

Venezuela.

[Lockbox]

It’s not that we don’t believe in the Constitution or the rule of law, it’s cite where either has been followed by those going after Trump and his aides. There are articles after articles written by some of the finest lawyers in our nation stating that neither the Constitution or the rule of law is being followed.

So I leave it up to these lawyers written opinions that both the Constitution and the rule of law are not being followed.

[Chengdu54]

Surely someone must know where he lives.

[norwaypinesavage]

Smith is charging President Trump under the century old Espionage Act, 18 U.S.C. § 793(e). Under the more recent Presidential Records Act, Smith has no case. Under it, any president has the authority to keep ANY records he deems to be personal and keep them for his own use.

Smith wants Judge Cannon to ignore the newest law and focus only on the old one. Let’s see who wins this one. Cannon appears to be calling his bluff.

[ballplayer]

But the corrupt democrat judges in Georgia and New York are able to get away with crap all day long!
Smith should be in prison

[If You Want It Fixed - Fix It]

Apparently, biden forgot it some place and this schmo picked it up and thinks he’ll threaten with it.

Who does he think he is, Kim Jung or Iran?

[Texas Fossil]

Jack (A$) Smith

Hee_Haww! Hee_Haww! Hee_Haww!

[curious7]

Unfortunately there are a large number of other commies ready to step into his shoes at the first opportunity.

[WASCWatch]

Jack Smith isn’t going to appeal for two reasons.

1. He knows he’d lose.
2. An appeal would guarantee there will be no trial before the election.

He actually already knows there will be no trial before the election in either D.C. or Florida.