The Mar-a-Lago Documents Case Is Still Trump’s Gravest Risk of Criminal Jeopardy

With good reason, special counsel Jack Smith believes he has an extremely strong case against the former president.

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Left: Special counsel Jack Smith makes a statement to reporters in Washington, D.C., August 1, 2023. Right: Former president Donald Trump speaks during a campaign rally in Grand Rapids, Mich., April 2, 2024.

Jonathan Ernst, Rebecca Cook/Reuters

Author’s Note: This is the first of a two-column series on this week’s controversy over the Florida federal prosecution of former president Donald Trump, which featured a sharp exchange between special counsel Jack Smith and Judge Aileen Cannon.

In a post on Tuesday regarding the Florida federal prosecution of former president Trump, I suggested that Biden Justice Department special counsel Jack Smith and his staff must have been “dumbfounded” when they read Judge Aileen Cannon’s order directing them to submit proposed jury instructions that assume the viability of Trump’s Presidential Records Act (PRA) defense. Turns out I should have used a stronger word — maybe apoplectic.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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