Something has got to give
Even as Trump attended his first criminal trial, his other cases were not far from view. Special Counsel Jack Smith not only has to contend with a judge who doesn’t seem quite above board in the espionage case, but as Newsweek reported, he’s also having to fight Donald Trump’s attorneys for trying to create continuous delays in the case. This case was initially set for trial on May 20. While Judge Aileen Cannon has heard arguments relative to a new date, she has yet to set that date. She appears, from many points of view, to be favoring Donald Trump with her rulings, thereby helping him to hold the charges at bay. One of the most ridiculous things she did in this case was to ask both sides to write jury instructions, which is virtually unheard of unless a court is preparing for trial. Worse, those charges favored Donald Trump’s claims that top secret documents were his “personal property.” As the case continues to slowly wind its way forward, Trump’s attorneys have requested yet another delay by filing to extend the May 9 disclosure deadline. Their excuse is that Trump is on trial in New York. So, can they not handle more than one case at a time? Our litigation team of three is currently handling 88 cases. Besides, it is doubtful that the same attorneys are handling both cases since they are in different venues, and attorneys must be licensed in a venue to try a case.
Smith, apparently sick of the delays, fired back at Trump’s attorneys: “Although the defendants’ motion reads as though the Court were unaware of Trump’s other cases, and as if the defendants had no forewarning that a Section 5 deadline would be set, those premises are plainly wrong.” He continued: “The defendants have had ample notice that these deadlines would be scheduled and have already had months to complete the work.” Surprise, surprise, Jack Smith also mentioned that Trump has different attorneys in New York who have nothing to do with the espionage case. Smith openly accused Trump’s attorneys of delay tactics, which seems obvious. Trump will be arguing before the Supreme Court in slightly over a week. They haven’t asked to delay that hearing. Perhaps they know that hearing is their last shot, or they could be more afraid of Jack Smith than they are of SCOTUS’s ruling.
What Trump did in both cases was illegal. The Presidential Records Act does not support Trump’s arguments. Indeed, it supports the opposite of Trump’s claims. With respect to Trump’s claims of immunity, it doesn’t exist. Trump unlawfully tried to overturn the results of the 2020 election, and no claims of immunity change that. He broke the law, and he needs to be tried. As legal scholars, Jack Smith, and others have said, no one is above the law. Trump conspired to rob us of our right to vote. He used his crazed supporters to halt the certification of a practice that has been in place for decades. He refused to accept defeat, but he will be defeated.
Shirley is a former entertainment writer and has worked in the legal field for over 25 years