Palm Beach County State Attorney Says Jack Smith Close to Using ‘Nuclear Button’ to Remove Judge Cannon From Trump Classified Docs Case Over Her Jury Instruction Order

Gateway Pundit ^ | April 5, 2024 | Cristina Laila

[Macho MAGA Man]

Here we go.

Palm Beach County State Attorney David Aronberg says Jack Smith is close to using a ‘nuclear button’ to remove Judge Aileen Cannon from the Trump classified documents case over her jury instruction order.

“He is close to pushing the nuclear button,” said Palm Beach County State Attorney David Aronberg, according to NBC News. “It is a high burden to reach, and it is rarely done, but her proposed jury instructions may have pushed him to the breaking point.”

Last month Judge Aileen Cannon issued a jury instruction order in Jack Smith’s classified documents case and the leftist legal analysts went apocalyptic.

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Jack Smith earlier this week threatened to take the jury instruction fight to the appellate court.

On Thursday Judge Cannon declined Jack Smith’s demands of her jury instruction order as “unprecedented and unjust.”

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Palm Beach County State Attorney David Aronberg and other defense attorneys are now encouraging Jack Smith to go nuclear and remove Judge Cannon from the case.

[Right_Wing_Madman]

Jack Smith wants to try the case on his terms that this was “espionage” and does not want to allow the other side to be able to present their defense.

Smith doesn't want the jury to examine evidence used against the accused and seeks to prevent the accused from cross-examination of that evidence. There's something in those documents DOJ doesn't want the public to see.

Smith is seething because he's left with three bad options:

1. Proceed with the case, which allows full disclosure and examination of the evidence by the jury and defense.
2. Proceed with the case, but destroy certain documents found in Trump's home.
3. Drop the charges against Trump.

I actually think Smith will choose option 2, and tamper with the evidence. This is how insane these people are.

[Rockingham]

The 11th Circuit is a mixed bag, with the luck of the draw as to who is on the three judge panel. The key point is that appellate court review on an interlocutory basis is hard to get because it requires a compelling basis. And if Smith pursues that course, it will almost certainly mean weeks of delay that knocks the case off the trial calendar.

Even at that, Judge Cannon's order to the parties is a routine pre-trial step. What Smith dislikes is that it hints at preservation of the Presidential Records Act as an issue of fact for the jury. What Smith wants is for no such defense to be available for Trump. How would an appellate court panel rule on such a claim?

Who knows, but they would have to take up the issue in detail, with Trump able to present his side and then have potential en banc and Supreme Court review if the decision went against him. Smith knows that he has been outplayed and that the documents case is unlikely to go to trial before the election.

[rascal]

I understand the point of option #1 from judge Cannon is that the prosecutor would have to allow the jurors to see all of the documents he claims were illegally held by DJT and judge whether they were super secret documents or personal papers.

Smith does not want the jury, or even Trump, to see the documents upon which he has built his case because they are obviously not sensitive.

[Williams]

If any valid legal defense exists then Trump has a right for the jury to consider it.

I agree an interlocutory appeal would delay things, not clear exactly how long.

Smith is running out of time on this one.

[reasonisfaith]

Which part of the Gateway Pundit article was false?

[Right_Wing_Madman]

Which part of the Gateway Pundit article was false?

GP gave the power for prosecutors to remove judges.

[Major Matt Mason]

Smith has his marching orders from the DS, he'll pull out all the stops to take Trump out.

[kiryandil]

Smith has his marching orders from the DS, he'll pull out all the stops to take Trump out.

Yes, they have to get the trial up to the District of Selective Prosecution of The Republican Enemy, where a crowd of Democrat kangaroo court jury members can bleat together that "Trump Is Guilty!!"".

[Political Junkie Too]

I wrote this on March 21:

---

The news now is that Smith is peeved that Judge Cannon did this and is looking for ways to have her removed from the case. It's as if Smith felt that only he had the authority to box the other participants into corners that he alone established. It's also as if Smith feels that he has the superior authority over everyone else.

I'm wondering if Smith is even looking into whether he has the authority to arrest Judge Cannon if she gets too close to stopping his case.

---

-PJ

[Macho MAGA Man]

(I wrote this on March 21:)

You have what I call Gifted Foresight!

[31R1O]

A defendant can’t appeal an issue preemptively as far as I know and a prosecutor shouldn’t be able to either.

[Political Junkie Too]

If only I could pick the right lottery numbers... 🤑

-PJ

[DeplorablePaul]

Boo hoo. Jack off Smith has to deal with an uncorrupted judge. Not easy persecuting Trump outside DC, huh Jack?

[Lockbox]

If a prosecutor can remove a judge simply because they don’t like a decision but Trump cannot, what does that say about Justice?

[Macho MAGA Man]

Lol 😆

Same here!

[House Atreides]

LOL - “Nuclear Button”? More like the “Zephyr Button”!

[Georgia Girl 2]

He’s not removing Judge Cannon from the case. 🙄

[Rockingham]

I believe that Smith does not have a right to an interlocutory appeal but would have to seek a writ of mandamus. That has a high bar in that it requires a showing that the trial court violated a clear duty that has no element of discretion.

[roving]

Gateway had also published what Julie Kelly had posted.

[nickcarraway]

So you don’t think you or I or any other citizen deserve the same rights as Trump? I am sick of so many freepers don’t even believe in the Constitution or the rule of law.