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November 4, 2023

As we discussed yesterday, Special Counsel Jack Smith, in coordinating two trials against President Trump --- the “January 6” trial in DC with Judge Tanya Chutkan and the “classified documents” trial in Florida with Judge Aileen Cannon, has stacked the court dates in such a way that Trump’s attorneys claimed they’re required to literally be in two places at once.  This certainly has to be deliberate on his part, to make their job as difficult as possible --- even to the point of defying the laws of physics.

Judge Cannon sees the obvious problems with this and has decided to delay the “classified documents” trial in response to a petition by the defense.  As Julie Kelly posted Friday, “BREAKING:  As expected, Judge Cannon will delay the trial schedule in Jack Smith’s classified documents case against Trump.  Details to follow.”

The revised start date has not been determined.  Kelly said she’d have a column about it after the order has been filed, so stay tuned for more information.

But for now, she’s slamming the DOJ as being entirely to blame for this, saying, “Jack Smith brought 2 unprecedented federal cases against a former president within two months of each other.”  (We would add that he deliberately scheduled them to take place during prime campaign season next year.)  Kelly notes that all the attorneys had to obtain security clearances so they could go into a SCIF (secure room) and look at the documents.  The SCIF was only set up on October 18, so they’re really just now getting started reviewing a massive amount of material.  According to Kelly, that includes 1.3 million unclassified pages; 5,500 classified pages, and “years’ worth of security footage from Trump’s properties.”

“Smith is playing games,” Kelly says.  “Chutkan lets him; Cannon doesn’t.  Which is why she has earned the enmity of corporate media and their ‘expert’ lapdogs.”

In other words, the very reasonableness towards President Trump and his legal team (and, we assume, towards anyone who appears in her courtroom) that leads us to praise her as a judge are what make leftists dislike and relentlessly criticize her.  The opposite is true for Chutkan in DC, who refused to recuse herself from Trump’s J6 case even after demonstrating extreme anti-Trump (and anti-Trump-supporter) bias.  We may assume from her comments that she already thinks Trump shouldn’t be walking around free.

If anyone believes that the White House hasn’t been neck-deep in the prosecution of President Trump while it was denying any contact with prosecutors, Trump’s legal team says they have evidence suggesting otherwise concerning his “classified documents” trial.

As reported in REVOLVER, “Trump’s attorney claims to possess evidence suggesting the Biden White House is deeply embroiled in the prosecution of Trump.”  And this isn’t the first time such a collaboration has been suggested.  Recall that a couple of months ago, Ohio Rep. Jim Jordan, who chairs the House Judiciary Committee, wrote to Attorney General Merrick Garland and White House Chief of Staff Jeff Zients about the DOJ’s Jay Bratt, top assistant to Special Counsel Jack Smith, visiting the White House a number of times in the weeks before Smith indicted Trump.  This activity took place during the time when Trump was negotiating with the National Archives and Records Administration (NARA) for the return from Mar-A-Lago of presidential records from his time in office.

This wasn’t the first time the Judiciary Committee had raised concerns about Bratt’s behavior.  (An excerpt from Jordan’s letter reprinted in the REVOLVER story gives more details.)

Jordan wrote, “These facts reinforce the serious concern that Mr. Smith is not running an impartial and unprejudiced investigation and prosecution.  The Committee has a significant interest in examining how the Department runs its Special Counsel investigations to inform potential legislative reforms concerning the Special Counsel practices and operations.”

But now Trump’s attorneys have upped the ante, telling Judge Cannon they have PROOF of this collusion by the White House with various government agencies in deciding which documents should be in the indictment of President Trump, apparently going beyond the fact that Bratt visited the White House when he did.  Recall that Biden has claimed he’s not in contact with the special counsel’s office.  As investigative reporter Julie Kelly posted, “To emphasize:  Trump’s attorneys told Judge Cannon this afternoon they have evidence that the Biden White House collaborated with NARA, DOJ and intel agencies to determine which documents to include in Jack Smith’s indictment.”

This is the kind of discovery that could lead to a mistrial, at least if a reasonable judge is in the driver’s seat.  Fair and impartial judges seem to be increasingly rare these days --- especially in dealings with Trump and his supporters --- but Cannon certainly appears to be one.

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