Former prosecutor says Jack Smith set to appeal Judge Cannon’s impending order

Special Counsel Jack Smith likely to appeal from U.S. District Judge Aileen Cannonafter asking both sides to submit a set of jury instructions that could favor former President Donald Trump’s legally dubious defense in the classified documents case.

Cannon last month ordered Smith and Trump to submit proposed jury instructions regarding competing interpretations of the Presidential Records Act. The PRA requires a president to turn over all records to the National Archives at the end of his term, but Trump has argued that it actually gives him the right to treat government records as personal.

Former New York Deputy Attorney General Adam Pollock predicted that Smith would submit the proposed jury instructions as required and await his Cannon’s decision.

“Then he will have an appealable order,” Pollock told MSNBC on Sunday, adding that Smith could appeal before Cannon sets a trial date.

“It’s putting the cart before the horse,” he said. “The judge is signaling, as she has signaled from the start, that she does not believe in this case, she does not believe that the case is justified, and she is working in favor of the accused.”

Pollock noted that an appeals court had previously overturned Cannon’s rulings in that case “on several occasions.”

“I would expect that if there is an order on these jury instructions, as she has already reported, she is likely to order it, that it would go back to the court of appeal immediately,” did he declare.

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