According to recent reports, Special Counsel Jack Smith’s case against former President Donald Trump could be potentially thrown out due to procedural error.
Senior reporter at RealClearInvestigations.com, Paul Sperry, posted a series of Tweets explaining how the case against Trump will not stand. Sperry cites “legal insiders” who have claimed the “false statement charges” will be tossed since Trump was never even interviewed by a federal agent. “DEVELOPING: Legal insiders say Jack Smith’s USC 1001 false statement charges against Trump will be tossed since Trump was never even interviewed by a federal agent.” he posted on X.
Sperry posted another piece of commentary on X, alleging that the case is entirely contingent on “inflammatory language” that has no evidence or legal substance that is only designed to sway jurors on an emotional basis. “NEW: Jack Smith’s Jan. 6 indictment of Trump repeatedly relies on a fuselage of subjective, even inflammatory language devoid of underlying facts and evidence to appeal emotionally to jurors, including: “fraudulent/fraudulently” (63) “false/falsely” (94) “fake” (5) “sham” (3)”
“DEVELOPING: Jack Smith’s Mar-a-Lago obstruction case against Trump is based on an emailed “emoji” related to security camera footage that was never actual destroyed, according to legal insiders,” he continued. Adding merit to Sperry’s claims, a federal judge has already thrown out part of the special counsel’s case against the former president. Trump-appointed U.S. District Judge Aileen Cannon of the Southern District of Florida, invalidated two filings in the case last month.
According to senior legal correspondent for POLITICO Kyle Cheney, “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 wrote, “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.” Cannon then denied the motion by the, ordering the prosecution team to respond within two weeks. “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 said.
Conservatives have praised the Trump-appointed judge for the bold and decisive action to invalidate the filings from the counsel. Julie Kelly posted on X, stating how Judge Cannon was rebuking Jack Smith’s nonsense while commenting on the judge’s advice to escalate the matter for possible grand jury abuse. Kelly claimed the moves from the judge were “gold.” BREAKING: 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.”
