Jack Smith may have set the stage for getting Aileen Cannon off the Trump classified documents case in a new court filing.
What Did Jack Smith Argue In A New Filing?
Smith’s team wrote in their filing that Judge Cannon made a clear error by refusing to protect witnesses in the classified documents case:
Reconsideration is warranted to correct clear error and prevent manifest injustice. As explained below, the Court applied the wrong legal standard and issued orders that, in practice, will expose witnesses and others to intolerable and needless risks. Before addressing those issues, however, the Government responds to the defendants’ procedural objection, see supra n.1. Although the Government is cognizant of the fact that motions for reconsideration should not be used to present new evidence or argument, Grobman, 548 F. Supp. 3d at 1348, reconsideration is appropriate here given the context in which this discovery dispute has arisen.
The defendants here were not legally entitled to a list of the Government’s witnesses, or to their statements or grand jury transcripts, prior to trial.
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Why Aileen Cannon Might Be Removed From The Trump Classified Documents Case?
Legal expert and Senior Fellow at the Brookings Institution Norm Eisen thinks that this could be the third strike that will get Judge Cannon off of the case.
Lotta news but something MAJOR happened last night Smith filed motion for Judge Cannon to reconsider order unsealing names & stmts of some witnesses in MAL docs case.This could be start of getting Cannon thrown off case under 11 Cir bias rules.
Cannon already has two strikes against her from when she oversaw the docs investigation First the 11th Cir preliminarily reversed a stay she imposed And then they permanently reversed her outrageous appointment of a special master This latest order may be strike three…
Why? 1st of all, reconsideration is an “extraordinary remedy that should be employed sparingly” to “correct CLEAR ERROR and PREVENT MANIFEST INJUSTICE” So the fact that Smith made this motion shows how wrong Smith thinks Cannon was & how dangerous he thinks her order was.
Cannon is a Trump nominated judge who has had her qualifications and potential bias toward the former president questioned in this case. Smith seems to be laying the groundwork for another appellate court smackdown of Cannon, and if it happens, that might finally be the end of Trump’s favorite judge running the classified documents case.
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