Mike Davis, founder and president of the Article III Project, told Newsmax on Wednesday that Judge Aileen Cannon acted appropriately when she slapped down Justice Department special counsel Jack Smith's motion to gag former President Donald Trump in the classified documents case against him in Florida.
"Jack Smith and [counselor to the special counsel] Jay Bratt keep proving that they are partisan clowns, these Democrat Scud missiles launched at Trump to try to take him out," Davis said during an appearance on "Newsline." "They can't even follow the most basic federal rules of criminal procedure, the local rules where you have to confer with the opposing party before you file a motion with a court. Every lawyer in America who does litigation knows that you need to do this.
"But Jack Smith and Jay Bratt think that they're above the law," he continued. "Judge Cannon did what was appropriate here: She struck their motion and told them if they want to refile it, you need to confer. I would have gone a step farther, if I were Judge Cannon. I would have sanctioned Jack Smith and Jay Bratt, so they're lucky that she's shown restraint here with this pattern of malicious prosecution and not following the rules."
On Tuesday, Cannon admonished Smith over the Friday night request to impose a gag order on Trump and said failure to comply with her requirements in the future could result in the court levying sanctions.
She denied Smith's request Tuesday and instructed him to confer with Trump's legal team before filing any further request.
"The Court finds the Special Counsel's pro forma 'conferral' [with the defense] to be wholly lacking in substance and professional courtesy," Cannon wrote. "It should go without saying that meaningful conferral is not a perfunctory exercise."
The judge also denied the Monday request from Trump's legal team that she impose sanctions on Smith for his gag order motion, which the former president's lawyers called "unconstitutional censorship" and "bad-faith behavior, plain and simple."
Of the 40 counts Trump has been charged with in the classified documents case, 31 accuse him of willfully retaining national defense information. The former president has pleaded not guilty and denied any wrongdoing.
About NEWSMAX TV:
NEWSMAX is the fastest-growing cable news channel in America!
- Find Newsmax channel in your home via cable and satellite systems – More Info Here
- Watch Newsmax+ on your home TV app or smartphone and watch it anywhere! Try it for FREE -- See More Here: NewsmaxPlus.com