Jack Smith Has Had Enough!
SlateThis is Totally Normal Quote of the Day, a feature highlighting a statement from the news that exemplifies just how extremely normal everything has become. As his classified documents case languishes in the hands of Florida’s Trump-appointed Judge Aileen Cannon, Smith filed a new motion on Wednesday that argues Cannon is pushing a “fundamentally flawed legal premise” that has nothing to do with the indictment of Donald Trump. “The PRA’s distinction between personal and presidential records has no bearing on whether a former President’s possession of documents containing national defense information is authorized under the Espionage Act,” wrote Smith. “And the PRA should play no role in the jury instructions.” Smith has charged Trump under Section 793 of the Espionage Act—Slate’s Fred Kaplan explains that law here—over Trump’s willful retention of classified documents. The indictment does not question whether the documents were classified or not—the FBI found hundreds of documents literally labeled “SECRET,” “TOP SECRET,” and “CONFIDENTIAL.” Yet Cannon’s jury instruction assignment suggests she’s pandering to the former president, since Trump’s attorneys have argued that Smith’s use of the Espionage Act is overly vague, and instead have argued the PRA justifies Trump taking hundreds of boxes of classified documents to Mar-a-Lago.