Joe Biden is about to get swamped by some bad news.
Biden’s ace in the hole for the election just disappeared.
And Joe Biden will be sick when he finds out about this huge Trump win.
Jack Smith’s prosecution of Donald Trump in the Mar-a-Lago documents case looks like it’s on the ropes.
Judge Aileen Cannon gave Smith a hollow victory when she rejected Donald Trump’s motion to dismiss the charges on the basis that the Presidential Records Act allowed Trump to keep documents from his presidency after he left office.
But Judge Cannon’s order also allowed for Trump to raise the defense at trial which opened a different door for Trump to get the charges thrown out.
CNN host Erin Burnett and her panel had an on-air meltdown over this realization.
“We’ve made the point that the headline seemed that it was a loss for Trump,” Burnett said to legal analyst Ryan Goodman. “But when you look underneath it, actually there was a pretty significant victory.”
Goodman agreed and pointed out the trap door Judge Cannon inserted into her ruling that is bad news for Jack Smith and his allies in the Democrat Party counting on a criminal conviction in this case before the election.
Judge Cannon – Goodman explained – left it open in her ruling that Donald Trump still could raise the Presidential Records Act defense which would allow Judge Cannon to rule that the government hadn’t made its case and throw the charges out.
“So, his claim is that the classified documents are personal – he could somehow magically make these highly classified documents his own. That’s not what the law says. That’s just ludicrous. So, instead of the judge saying, ‘Ok, of course that’s ludicrous.’ She just said, ‘I’m not deciding that pretrial. I might let that happen during the trial and maybe that’s what I’ll decide in the midst of the trial.’ Now, I’ll actually say, ‘Oh, those are your personal documents? I issue a judgment for acquittal,’” Goodman stated.
“And that’s called Rule 29. She could do it in the middle of the trial and then it’s too late. That is not appealable. So, she’s actually given him kind of a loss here – but not really. I think this is not what Jack Smith wanted to hear. If she had ruled now that these could be his personal documents, then Jack Smith can appeal that and have the 11th Circuit reverse her,” Goodman added.
Judge Cannon has sounded highly skeptical of Jack Smith’s case on other occasions, even sounding open to the idea that this case is selective prosecution as the Biden Justice Department let Joe Biden skate on similar charges of unlawful retention of classified documents.
Smith actually has a real judge in this case and not some in-the-tank Democrat hack like in his D.C. trial.
Now Smith is learning the hard way that fabricating politically motivated cases to influence an election might not hold up with a fair judge.
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