LA Times Column: How Jack Smith just called out Judge Aileen Cannon in the Trump classified records case
LA Times Column: How Jack Smith just called out Judge Aileen Cannon in the Trump classified records case
The special counsel suggested he could seek the 11th Circuit's intervention if the judge continues to prevent the trial from taking place before the election.
The Smith team then made its most important and aggressive move by noting that when judges have issued clearly erroneous jury instructions that doom prosecutions, “courts have permitted the government to obtain writs of mandamus.”
Even buried in a parenthetical as it is, the word “mandamus” jumps off the page as a threat to seek an extraordinary intervention by the appellate court. Smith has laid down the gauntlet, telling Cannon in no uncertain terms that if she doesn’t move to resolve Trump’s frivolous arguments well ahead of trial, he will bring a writ of mandamus to the 11th Circuit along with a motion to recuse her from the case. Providing this road map of his intentions puts Smith on firm footing to challenge the judge if she continues to dither.
Mandamus: A writ issued by a superior court and directed to some inferior tribunal, or to some corporation or person exercising authority, commanding the performance of some specified duty.
Noice.
I wonder how much switching judges would delay the trial.
Won't she just pull the trump strategy of delay delay delay until the election comes around?