Judge Cannon Deals Huge Blow To Special Counsel Jack Smith…
Judge Aileen Cannon of the Southern District of Florida invalidated two of Special Counsel Jack Smith’s sealed filings on Thursday.
Kyle Cheney, a senior legal correspondent for POLITICO, wrote via X (Twitter): “Judge CANNON comes out swinging at special counsel this morning, striking two of prosecutors’ sealed filings and demanding an explanation of ‘the legal propriety of using an out-of-district grand jury proceeding to continue to investigate’ the docs case.”
Judge Cannon, a Trump appointee, wrote that “The Special Counsel states in conclusory terms that the supplement should be sealed from public view ‘to comport with grand jury secrecy,’ but the motion for leave and the supplement plainly fail to satisfy the burden of establishing a sufficient legal or factual basis to warrant sealing the motion and supplement.”
She then denied the motion by the prosecution.
“Among other topics as raised in the Motion, the response shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district,” she wrote, adding that the prosecution to respond to these and other items by August 22nd.
Conservative reporter Julie Kelly tweeted: “I told you Judge Cannon is legit. She is not going to tolerate Jack Smith’s bullsh*t. This is gold–she asks defense to raise possible grand jury abuse by DOJ for conducting nearly all of the investigation in DC then switching to FLA at last minute for indictment.”
Kelly added that “Cannon also won’t tolerate DOJs nonstop requests for secrecy. She already denied a govt motion asking to keep names of 80+ witnesses under seal.”
Over the weekend, Florida Republican Rep. Matt Gaetz threatened to call Jack Smith before a congressional committee after the special counsel filed new charges against Trump.
The felony charges — which include conspiracy to defraud the United States — are part of the investigation into alleged attempts to overturn the 2020 election leading up to the January 6, 2021, attack on the US Capitol.
Gaetz took Smith to task, as well as fellow Republicans, after the filing.
“House Republicans should immediately demand that Jack Smith present himself for a transcribed interview with the Judiciary Committee in the next 15 days.,” Gaetz said in a Newsmax interview he posted to YouTube.
“If he does not do that, we should send a subpoena. If he ignores the subpoena, we should hold him in criminal contempt of the Congress, so that he is the first prosecutor in American history to prosecute a case while himself under criminal contempt,” Gaetz added.
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He also said he is prepared to try and force U.S. Attorney General Merrick Garland’s hand on the matter.
“If Merrick Garland doesn’t enforce that contempt, then we ought to impeach Merrick Garland,” he said.
“To showcase how political and indeed dirty this has all become, we can utilize congressional immunities to immunize President Trump,” he added, citing a section of statutory law, since upheld by the Supreme Court, that “gives any committee or subcommittee of the Congress the power to subpoena a witness, bring them in and partially immunize them.”
