Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
Remember when U.S. District Judge Aileen Cannon floated a fringe legal theory that could help throw Donald Trump’s classified documents case in favor of the former president? Well, special counsel Jack Smith just filed a devastating response, telling Cannon that he might have to challenge the Trump appointee on appeal if she doesn’t get it together.
He urged the judge to “promptly decide” whether she actually thinks that outlandish legal view is correct. If she does, then Smith wants the chance to appeal her before trial. If she waits until trial to implement this wacky view, then it may be too late. Smith wrote: Delay, of course, is the name of Trump’s game. But even worse than delay would be holding a trial in which the jury is wrongly instructed on the law. Such a trial wouldn’t be much of a trial at all.
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