The Trump indictment trials are just beginning. But there’s already fireworks in the courtroom.
Because a federal judge just hit Biden’s DOJ with a staggering reality check.
Special counsel Jack Smith believes his cases against Donald Trump are airtight.
That’s why he’s become so aggressive with his prosecution of Trump for dozens and dozens of felonies.
But he might want to rethink his legal strategy because the early court indications show that he will have a tougher time prosecuting Trump than he initially thought.
At least Florida Judge Aileen Cannon thinks so.
On Monday morning, Florida District Judge Aileen Cannon issued an order in the case against President Trump over the classified materials, in which she challenged “the legal propriety” of attorneys working for Special Counsel Jack Smith using “an out-of-district grand jury proceeding to continue to investigate.”
She also invalidated two prosecutors’ motions to keep their files under wraps.
According to Judge Cannon:
Among other topics as raised in the Motion, the response shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district.
Cannon gave a deadline to Jack Smith and his office of August 22, 2023, to respond to the court with their findings.
She continued on offering the defense, Donald Trump, to file any records relating to the issue of the grand jury.
The remaining Defendants may, but are not required to, file briefs of their own related to the grand jury issue referenced herein, but any such briefs are due by August 17, 2023, and may be submitted in combined or individual fashion
Judge CANNON comes out swinging at special counsel this morning, striking two of prosecutors' sealed filings and demanding an explanation of "the legal propriety of using an out-of-district grand jury proceeding to continue to investigate" the docs case https://t.co/jawTpEvPWq pic.twitter.com/OciEt2vJql
— Kyle Cheney (@kyledcheney) August 7, 2023
What this all means is that there may be evidence, in the opinion of Judge Cannon, that Jack Smith is guilty of abusing the grand jury.
As a result, she’s asking both parties to investigate this issue. The prosecution needs to defend themselves from these accusations and the defense needs to investigate the claims further.
This is not the start Jack Smith was hoping for at all, no doubt.
He’s on record swearing up and down that, this is an open and shut case as it relates to Donald Trump’s alleged mishandling of classified documents at Mar-a-Lago.
But Judge Cannon doesn’t seem to agree and is giving Jack Smith all he can handle so far.
Stay tuned to the Federalist Wire.