Law professor says Jack Smith is out of options in Trump's document case

 May 9, 2024

Many on the left celebrated last year when Special Counsel Jack Smith indicted former President Donald Trump over his handling of classified documents as well as for actions he took following the 2020 election.

However, a series of events in recent weeks suggests that Smith may be out of options when it comes to prosecuting the former president. 

Judge indefinitely postpones trial

According to Newsweek, that is the argument being put forward by Stephen Gillers, who serves as a law professor at New York University.

As evidence, Gillers cited Judge Aileen Cannon's decision on Tuesday to indefinitely postpone Trump's classified documents case.

While the legal expert acknowledged that Smith could file a writ of mandamus and seek a review of Cannon's ruling, Gillers believes such an effort is doomed to failure.

"There is no right to appeal from her decision. Mandamus is a way to get appellate review in extreme cases where appeal is not possible but the trial judge's decision is clearly wrong," Gillers told Newsweek.

Smith's team acknowledges it mishandled documents

"The scope of review by the circuit [court] on mandamus is very narrow. Mandamus would be a big gamble here and almost certainly lose," he added.

Fox News noted how Cannon's move came after Smith's team submitted a brief last Friday which acknowledged that "there are some boxes where the order of items within that box is not the same as in the associated scans."

This admission came despite prosecutors having previously attested to the court that the documents remained "in their original, intact form as seized."

"The Government acknowledges that this is inconsistent with what Government counsel previously understood and represented to the Court," a footnote in the filing stated.

Trump calls for Smith's arrest

Fox News observed that for his part, Trump lashed out at Smith in a Truth Social post and called for the special counsel's arrest.

"Now, Deranged Jack has admitted in a filing in front of Judge Cannon to what I have been saying happened since the Illegal RAID on my home, Mar-a-Lago, in Palm Beach, Florida – That he and his team committed blatant Evidence Tampering by mishandling the very Boxes they used as a pretext to bring this Fake Case," Trump wrote.

"These deeply Illegal actions by the Politicized ‘Persecutors’ mandate that this whole Witch Hunt be DROPPED IMMEDIATELY. END THE 'BOXES HOAXES.' MAGA2024! ARREST DERANGED JACK SMITH. HE IS A CRIMINAL!" the former president declared.

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