Former New York Assistant Attorney General Adam Pollock said U.S. District Court Judge Aileen Cannon was "stacking the deck" in favor of Donald Trump.
On Sunday, Pollock told MSNBC's Alex Witt that special counsel Jack Smith would comply Monday after the judge requested jury instructions in a way experts say misstates the law and the case.
"He has to comply with the order," Pollock explained. "He'll get an order back from the court about these jury instructions... Then he'll have an appealable order."
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The former prosecutor noted that Smith may appeal before a trial date is set for the case.
"This is completely putting the cart before the horse," he said. "The judge is signaling, as she has signaled from the get-go, that she doesn't believe in this case, that she doesn't believe the case is warranted, and she's stacking the deck in favor of the defendant."
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"So, is there anything that Jack Smith can do to get this case moving along?" Witt wondered.
"He has successfully appealed prior orders from this judge to the appellate court, and the appellate court has, on multiple occasions, reversed this judge," Pollock replied. "I would expect that if there is an order on these jury instructions, as she's already signaling she is likely to order, that he'll go right back to the appellate court."
Cannon, appointed by Trump, has faced reversal by an appeals court after initially ruling in Trump's favor regarding handling classified documents. Cannon, a member of the Federalist Society, was confirmed to the federal bench in November 2020 with limited experience as a lawyer. Her decision came into the spotlight after federal agents searched Trump's Mar-a-Lago residence in Florida, uncovering classified documents.
Cannon agreed with Trump's lawyers to halt the FBI's review of these records until an independent third party could examine them. This move was met with criticism, including from William Barr, Trump's former attorney general.
The appeals court later overturned Cannon's decision, stating she had no authority to appoint a special master to review the documents. This ruling came as Trump faced charges for illegally retaining classified documents and obstructing justice.
