Should he go through the 11th Circuit, or try his luck with the Supreme Court?
, ruling that the attorney general improperly appointed Jack Smith, and therefore Smith could not legally prosecute Trump. Smith promptly notified Cannon thatThere is now a near-zero chance that Donald Trump will be tried over this case in front of a jury before November—but special counsel Jack Smith is forging ahead with an appeal that could go one of three ways.
In order to understand all of Smith’s options, I spoke to Dennis Fan, a former federal prosecutor, and Nancy Gertner, a former federal judge appointed by Bill Clinton. Both of them laid out three avenues the special counsel could take to keep his classified documents indictment alive.Circuit , which would be the routine process for an appeal in this case.
Gertner also noted that the whole reason Smith filed his classified documents case in Florida is because he’s charging Trump with unlawful retention, and that alleged crime technically took place in Florida,Trump left the presidency. The indictment could be brought in D.C.
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