The decision was described by Politico as “a setback for Smith and comes on top of more than a year of delay that investigators have encountered in seeking Perry’s records, but the ruling could also have significant impact any time the Justice Department seeks to investigate the actions of members of Congress.” “It’s unclear whether Smith will appeal the decision to the full bench of the D.C. Circuit or to the Supreme Court. His office declined to comment, as it did last week when the court released an order broadly outlining the outcome of the fight,” Politico noted. Perhaps most importantly, however, it comes as the special counsel’s office is experiencing what could be charitably termed a late-summer dry spell. On Aug. 7, Judge Aileen Cannon, the Florida judge overseeing the Trump confidential information case, struck down two of Smith’s filings and demanded he explain “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,” according to Axios. Meanwhile, in a July 31 hearing, the special counsel’s team admitted to the court that it hadn’t turned over all pertinent evidence to Donald Trump’s defense lawyers despite previously avouching that they had. The evidence was part of a superseding indictment filed on July 27 in which Smith’s office filed additional charges against Trump, claiming he instructed his team to delete security footage at his Mar-a-Lago estate prior to the August 2022 FBI raid there. “On July 27, as part of the preparation for the superseding indictment coming later that day and the discovery production for Defendant De Oliveira, the Government learned that this footage had not been processed and uploaded to the platform established for the defense to view the subpoenaed footage,” the July 31 filing read. “The Government’s representation at the July 18 hearing that all surveillance footage the Government had obtained pre-indictment had been produced was therefore incorrect.” The prosecutors were required by law to upload the footage to an online platform where it could be viewed by the former president’s counsel. In a statement after that legal faux pas came to light, Trump accused Smith of “prosecutorial misconduct.”
New: DC Circuit unsealed its opinion in the fight over Rep. Scott Perry’s phone records in the Jan. 6 probe — panel rejected both sides’ proposed categorical rules, sent back for “communication-by-communication” reviewhttps://t.co/Abs7QujoehPrev: https://t.co/0Lf4Wk9Hhd pic.twitter.com/5Cuc08QWc7 — Zoe Tillman (@ZoeTillman) September 13, 2023
Perhaps unsurprisingly, Smith was in court Friday seeking a gag order against Trump, which he insists will be “narrowly tailored” to prevent “disparaging and inflammatory attacks” which could “present a serious and substantial danger of prejudicing” jurors against the prosecution in the Jan. 6 case, according to ABC News. Why bother, though? From the three strikes that Smith has rung up in the last month and a half, it seems like Smith is doing a good enough of that on his own accord. This article appeared originally on The Western Journal.
JUST IN: Donald Trump accuses special counsel Jack Smith of “prosecutorial misconduct” as he flat out denies the accusation that he told his head of maintenance to delete security footage.According to the indictment, head of maintenance Carlos De Oliveira told an employee that… pic.twitter.com/ZfH7I1mQs3 — Collin Rugg (@CollinRugg) July 30, 2023