Jack Smith's 'frustration' with Judge Cannon evident in recent filings: CNN's John Berman

CNN host John Berman on Thursday claimed that special counsel Jack Smith's "frustration" with Judge Aileen Cannon appeared to be boiling over given some of his team's recent court filings.

While interviewing former federal prosecutor Donya Perry, Berman brought up the argument being made by Trump's lawyers that he had the right as president to take America's nuclear secrets with him after he left the White House in January 2021.

Perry said that the argument was a clearly wrong interpretation of the law and expressed surprise that Cannon was giving Trump's lawyers a full day to make what should be, on its face, a losing argument.

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"This is the kind of thing I ordinarily would have expected to have been decided on the papers," she said, meaning that there should be no need for Cannon to call oral arguments for it. "Instead, the judge has allocated, I believe, an entire day for arguments, so that seems a fair amount of argument there. Also, I believe she has reserved time for this selective or malicious prosecution argument that is really a non-argument."

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All of this led Perry to conclude that Judge Cannon is "giving a lot of deference to the former president and his legal team" that is "a lot more than a lot of people think is merited, or that a lot of other judges would give in this situation."

Berman then chimed in to concur with Perry's assessment, which he said was backed up by prosecutors' reaction to Cannon's actions.

"You can almost read the frustration from Jack Smith and his legal team in their filings," he argued.

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