Jack Smith is Screwed No Matter What He Does

In the latest chapter of what feels like an endless political soap opera, Special Counsel Jack Smith has found himself in a pickle that’s so sour, even his supporters can’t deny the pungent aroma. We’re talking about the legal tangle over former President Donald Trump’s handling of classified documents—a saga that’s got more twists and turns than a mountain road. The one at the helm, Judge Aileen Cannon, appointed by Trump himself, has recently thrown a curveball that’s left Smith batting at flies.

The crux of the matter? Judge Cannon’s recent directive essentially told Smith to pony up all classified materials for the jury’s scrutiny or risk watching Trump walk free, scot-free. It’s like being asked to score a goal when the goalkeeper is also the referee—and he’s not exactly impartial. The defense’s argument hinges on the Presidential Records Act, claiming it grants Trump the right to treat classified materials as personal property. Sounds like someone’s trying to have their cake and eat it too, doesn’t it?

But here’s where things get murky. Cannon’s request for “competing scenarios” from both legal teams on how the jury should be instructed regarding the Presidential Records Act has legal experts scratching their heads. It’s like asking two chefs to argue over whether a tomato is a fruit or a vegetable while the kitchen’s on fire. Neama Rahmani, a voice of reason in this legal quagmire, pointed out the obvious: “Judge Cannon’s bizarre ruling is yet another instance that clearly benefits Trump and demonstrates that she is in over her head as a judge,” he told Newsweek. And let’s be honest, when the other team starts cheering for the umpire, you know something’s off.

Harry Litman, another legal eagle, laid it out in the LA Times, suggesting Cannon’s strategy might just give Trump the delay he desires and then dismiss the case with a wave of her wand. Meanwhile, Smith’s caught between a rock and a hard place: play along with Cannon’s charade and set the stage for possible case dismissal, or defy her and brace for the storm.

It’s no secret Trump’s been singing the “everything was declassified” tune, but with former Mar-a-Lago staffers singing like canaries in plea deals, one has to wonder if there’s a note or two off-key in that melody. With the trial’s timing potentially pushing past the presidential election, the stakes couldn’t be higher. Imagine, just for a second, Trump wins the election before the gavel falls. Talk about a plot twist!

So here we stand, spectators in this legal theater, waiting to see how Smith navigates this lose-lose labyrinth. Will he find a way out, or will the umpire/referee/judge continue playing favorites? Only time will tell, but one thing’s for sure: in this game, the rules seem as malleable as Play-Doh, and justice, well, justice seems to be on a smoke break.

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