Scribd Logo
Upload

Welcome to Scribd!

  • 109 views

    5

    Uploaded by

    Pritom Paul
    Special Counsel Jack Smith has two options if Judge Aileen Cannon dismisses the criminal charges against Donald Trump related to classified documents. First, Smith's team can appeal Cannon's decision to dismiss the charges to the 11th Circuit Court of Appeals. Second, they can seek to have Cannon removed from the case by arguing she has demonstrated bias through her rulings. A former prosecutor commented that there are reasonable arguments for both appealing a dismissal and seeking Cannon's recusal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    5

    Uploaded by

    Pritom Paul
    109 views5 pages
    Special Counsel Jack Smith has two options if Judge Aileen Cannon dismisses the criminal charges against Donald Trump related to classified documents. First, Smith's team can appeal Cannon's decision to dismiss the charges to the 11th Circuit Court of Appeals. Second, they can seek to have Cannon removed from the case by arguing she has demonstrated bias through her rulings. A former prosecutor commented that there are reasonable arguments for both appealing a dismissal and seeking Cannon's recusal.

    Original Description:

    ascascasxascxasxs

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Special Counsel Jack Smith has two options if Judge Aileen Cannon dismisses the criminal charges against Donald Trump related to classified documents. First, Smith's team can appeal Cannon's decision to dismiss the charges to the 11th Circuit Court of Appeals. Second, they can seek to have Cannon removed from the case by arguing she has demonstrated bias through her rulings. A former prosecutor commented that there are reasonable arguments for both appealing a dismissal and seeking Cannon's recusal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    109 views5 pages

    5

    Uploaded by

    Pritom Paul
    Special Counsel Jack Smith has two options if Judge Aileen Cannon dismisses the criminal charges against Donald Trump related to classified documents. First, Smith's team can appeal Cannon's decision to dismiss the charges to the 11th Circuit Court of Appeals. Second, they can seek to have Cannon removed from the case by arguing she has demonstrated bias through her rulings. A former prosecutor commented that there are reasonable arguments for both appealing a dismissal and seeking Cannon's recusal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 5

    U.S.

    World
    Science
    Health
    Life
    Rankings
    Opinion
    Entertainment
    Fact Check
    My Turn
    Education

    SUBSCRIBE FOR $1
    Login
    ×
    U.S.
    Donald Trump
    Aileen Cannon
    Jack Smith
    Florida
    Court
    Trial
    Law
    Jack Smith's Two Options if Aileen Cannon Dismisses Trump Charges
    Published Mar 14, 2024 at 1:08 PM EDT
    Updated Mar 14, 2024 at 4:04 PM EDT
    By James Bickerton
    US News Reporter
    FOLLOW
    414
    Special Counsel Jack Smith has two options if Florida Judge Aileen Cannon dismisses one or more of
    the charges Donald Trump is facing in his classified documents case, according to a former district
    attorney.

    The presumptive 2024 Republican presidential nominee has pled not guilty to 40 felony charges over
    claims he deliberately held on to classified documents after leaving the White House in January 2021
    and then actively frustrated efforts to get them returned to the relevant authorities.

    On Thursday Cannon, from the U.S. District Court for the Southern District of Florida, will consider two
    motions brought by Trump's legal team arguing the charges should be thrown out. They are insisting
    Trump had the legal right to retain the documents under the Presidential Records Act and also argue
    the Espionage Act charges he faces are "unconstitutionally vague."

    Speaking on his 'Stay Tuned with Preet' podcast, Preet Bharara, a lawyer and former U.S. attorney for
    the Southern District of New York, described Trump's case as "not particularly meritorious." However
    he added: "There's some debate about whether Judge Cannon has a finger on the scale in favor of
    Donald Trump so we'll see."

    READ MORE
    Donald Trump ally's TikTok plan sparks new theory
    Jack Smith caught in a bind as Aileen Cannon recusal calls grow
    Donald Trump likely to face legal disappointment: Legal analyst
    Earlier this week Judge Cannon granted Trump a 10-day delay in his classified documents case despite
    strong objections from prosecutors. This was done on the basis that another of Trump's criminal
    cases, in which he is accused of orchestrating the payment of hush money to a pornographic actress,
    is due to get underway later this month. Trump has pled not guilty to all counts in this case and denies
    wrongdoing.

    Sign up for Newsletter


    NEWSLETTER
    The Bulletin
    Your daily briefing of everything you need to know
    Email address

    By clicking on SIGN ME UP, you agree to Newsweek's Terms of Use & Privacy Policy. You may
    unsubscribe at any time.
    Should the charges against Trump be dismissed by Cannon, Bharara suggested Smith's legal team
    could appeal the decision, seek to have her removed from the case for alleged bias or both.

    He said: "If she does dismiss the charges Jack Smith and his team can appeal that decision. If there's
    an acquittal in a case, the prosecution cannot appeal the acquittal by a jury because that would
    violate double jeopardy. But dismissal of charges or of any counts by a judge is appealable to the
    relevant circuit court and here it's the 11th Circuit Court of Appeals."

    He also noted that "generally speaking" a recusal notion, to remove the judge from the case, can be
    filed at any time. Bharara added: "I think there's a decent argument in favor strategically of asking for
    recusal on top of asking for a dismissal to be reversed given the state of the law and given the lack of
    merit of those motions.

    "It's always fraught, it's generally not done on the basis of competence but done on the basis of some
    perceived bias on the part of that judge given particular rulings that have been made and I think they
    would have a reasonable basis to make that argument."

    Newsweek has reached out to Special Counsel Smith for comment via the Justice Department's online
    media enquiry form.

    Jack Smith and Donald Trump


    Special Counsel Jack Smith pictured at the Justice Department on August 1, 2023 in Washington, DC
    (left) and Donald Trump speaking at an election-night watch party at Mar-a-Lago on March 05, 2024
    in Palm Beach,... More
    However appearing on Fox News, George Washington University law Professor Jonathan Turley
    suggested Trump is likely to have his motions for dismissal rejected.

    He commented: "I'm afraid I think he is likely to lose this claim for dismissal, but that doesn't mean
    that he doesn't have some merit in his objections to these charges."

    Trump is also facing criminal charges over allegations he broke the law attempting to overturn the
    2020 presidential election both nationwide and in the state of Georgia specifically. He has pled not
    guilty to all counts and insists the cases against him are politically motivated.

    Fairness Meter
    Newsweek is committed to journalism that's factual and fair.

    Hold us accountable and submit your rating of this article on the meter.

    Click On Meter
    To Rate This Article
    Request Reprint & Licensing Submit Correction View Editorial Guidelines
    About the writer
    James Bickerton
    FOLLOW
    James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is covering U.S.
    politics and world ... read more

    To read how Newsweek uses AI as a newsroom tool, click here.

    Trending

    01
    Russia's Gas Prices Surge as Drone Strikes Paralyze Industry
    51 comments
    02
    Americans Are Spending on Home Improvements
    5 comments
    03
    Where You Live Could Increase Your Dementia Risk
    8 comments
    04
    Prince William Affair Rumor Hits Mainstream Media
    59 comments
    05
    What Your Vacation Says About Your Social Class
    49 comments
    ← Back To Homepage
    THE DEBATE
    Schumer's About Face on Israel Is a Shameful, Cynical Play for Votes
    By Darvio Morrow

    VS

    If You've Lost Chuck Schumer, Bibi, It's Truly Time to Go


    By Hadar Susskind
    OPINION
    Schumer's About Face on Israel Is a Shameful, Cynical Play for Votes
    By Darvio Morrow

    If You've Lost Chuck Schumer, Bibi, It's Truly Time to Go


    By Hadar Susskind

    Gender Medicine Needs To Stop Treating Young Patients Like Guinea Pigs
    By Emilie Kao And Kathryn Homoki

    Senator Katie Britt Embodied Christian Right's Expectations of Womanhood


    By Sarah Stankorb

    TikTok Bill Poses No Threat to Free Speech


    By Sean Ross Callaghan

    The Death Toll of Whistleblowing Must End Now


    By Mary Inman, Amber Scorah, And Jennifer Gibson

    Whether Biden or Trump Wins the Presidential Election, China Loses


    By Daniel R. Depetris

    Banning TikTok Will Actively Hurt Small Businesses


    By Nadya Okamoto
    Berkeley Prof: Proud Jewish Students Will Not Abandon America's Campuses
    By Ron E. Hassner

    We Can't Let Up on the Pedal in the Drive for Electric Vehicles


    By Dan Becker And Maya Golden-krasner

    U.S.-Israel Relations Are Teetering and Biden Is to Blame


    By Joseph Epstein

    U.S. Inability To Address Nuclear Waste Harms Environmental Progress


    By Jeff Luse

    Premium SubscriptionDigital + Monthly


    Newsweek cover
    Newsweek magazine delivered to your door
    Newsweek Voices: Diverse audio opinions
    Enjoy ad-free browsing on Newsweek.com
    Comment on articles
    Newsweek app updates on-the-go
    SUBSCRIBE NOW
    Top Stories

    Putin Ally Deploys Tanks Near NATO Border

    Alvin Bragg's Giving Donald Trump What He Wants

    Why Donald Trump Critic Is Hoping Aileen Cannon Dismisses Trump's Case

    Jack Smith's Two Options if Aileen Cannon Dismisses Trump Charges

    U.S.WorldScienceHealthRankingsOpinionEntertainmentFact CheckMy TurnEducationSportsSports


    BettingPodcastsBetter
    PlanetVaultMightierAutosNewslettersUnconventionalVantageExpertsVoicesTrendingIsrael at
    WarVladimir PutinRussia-Ukraine WarDonald TrumpSubscriptionsDigital+ Monthly (Ad Free Trial)
    $1.00
    Digital+ Yearly $49.00
    Premium Monthly $9.99
    Premium Yearly $99
    In The MagazineMarch 22
    2024 Issue
    Newsletters in your inbox See all
    The Bulletin (Mondays to Fridays)
    See SampleThe Gist of It (Daily)
    The Josh Hammer Report (Wednesdays)
    See SampleThe Frontlines (Thursdays)
    See SampleIsrael at War (Tuesdays and Thursdays)
    For The Culture (Tuesdays and Thursdays)
    See SamplePawsitively (Mondays to Fridays)
    Better Planet (Mondays)
    My Turn (Sundays)
    Email address
    Sign up nowYou can unsubscribe at any time.
    By signing up you are agreeing to our Terms of Service and Privacy Policy
    Company
    About Us
    Masthead
    Diversity
    Announcements
    Archive
    Policies and Standards
    Mission Statement
    Leadership
    Newsletters
    Press Center
    Editions:
    U.S. Edition
    日本
    Polska
    România
    Contact
    Advertise
    Careers
    Contact Us
    Corrections
    Terms of Use
    Cookie Policy
    Copyright
    Privacy Policy
    Terms & Conditions
    Terms of Sale

    © 2024 NEWSWEEK DIGITAL LLC

    You might also like