Special counsel Jack Smith seems to be running out of patience in his lawsuit against former President Donald Trump regarding classified documents discovered at his Mar-a-Lago estate.
Smith is reportedly contemplating drastic action in seeking the removal of U.S. District Court Judge Aileen M. Cannon from the case she currently oversees, according to NBC News. In a recent court filing, the special counsel’s legal team raised concerns about Cannon’s receptiveness to suggestions from Trump’s legal team to dismiss the case.
Trump’s legal team argued that the Department of Justice has no authority to transform the issue of presidential records into a criminal matter. However, Cannon rejected this argument on Thursday, opting not to issue a separate court order on the matter. In her three-page decision, she allowed Trump to continue challenging the legitimacy of the case but ultimately denied the request for now.
This ruling has mixed implications for both sides of the case. For Smith, the judge’s refusal to dismiss the case is undoubtedly a positive development as the legal pursuit of Trump will proceed.
However, it also weakens the court filing aimed at removing Cannon from the case, making it highly unlikely for the special counsel’s legal team to achieve that goal.
Special counsel Jack Smith's blistering response this week to a request by Judge Aileen Cannon was one of several instances over the last 10 months challenging her competency or impartiality in a case involving Trump's handling of classified secrets.https://t.co/DlHGHIlsqW
— Axios (@axios) April 5, 2024
For Trump, the denial of his argument to dismiss the case is undoubtedly a setback, as a dismissal would have been highly beneficial for him. However, the fact that Judge Cannon, who has been described as “MAGA-friendly” by The Daily Beast, will remain on the case is likely to work in his favor in the future.
Furthermore, the ongoing debate regarding the potential impact of The Presidential Records Act on the case allows Trump’s team to continue their arguments and keeps the possibility of dismissal alive. While Smith vehemently denies that the act has any relevance to the ongoing case, the fact that Cannon is keeping it open undoubtedly frustrates the special counsel.
Smith’s desperation to take any measures to ensure Trump faces punishment highlights the reality of the case. He is not interested in engaging in legal arguments surrounding the classified documents; his sole focus is seeing Trump face consequences. It is equally evident that whenever President Joe Biden is subjected to a similar investigation conducted by Special Counsel Robert Hur, who concludes that Biden also retained classified documents after leaving office, no charges are brought against him.
Although Hur and Smith are separate individuals with independent decision-making powers, this situation highlights the existence of a double standard that is being perpetuated. The Democrats continue to demonstrate their willingness to prosecute the former president, regardless of whether their actions are right or wrong.