Jack Smith Now Facing ‘Nightmare Scenario’

Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

(TheRedWire.com) – Former federal prosecutor Joyce Vance while writing in Civil Discourse, her legal blog, argued that if a trial judge determined that the charges in the classified documents case against Trump were too vague the prosecutors might instantly lose the case. 

Vance argued that the government does not have any right to appeal in the case of a “nightmare scenario” as it is not possible to have a defendant retried after the jury gets sworn in. Vance pointed out that any attempt for an appeal would not go through because of the double jeopardy rule, which blocks prosecutors from attempting to file the same charges against the same person again. 

In the past, Vance has often criticized Trump. 

Trump has already pleaded not guilty to all 40 charges associated with the classified document mishandling case which stems from the documents found in his Mar-a-Lago estate after he had left the White House in January 2021. It is also connected to the federal attempts to retrieve the documents which he had allegedly obstructed. 

On Thursday Judge Aileen Cannon dismissed Trump’s filing that called for the charges against him to be dismissed because they are too vague. However, in her decision, she wrote “without prejudice” which will allow Trump’s legal team to bring up this issue again. 

She further pointed out that the vagueness dispute is mainly related to a disagreement about the case’s factual issues, which potentially opens the door for Trump’s legal team to prove that it is their version of the facts that are correct. 

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