McQuade on Cannon’s Removal Request: I Think Smith Wants the Judge to Make a Decision on This So that if Trump Wants to Appeal, He Could Do That

RUSH TRANSCRIPT:
CAPEHART: “Joining us now, Barbara mcquaid. Cohost of the hash tag sisters in law podcast and author of the book attack from win. Thank you for being here. How would the special council actually get cannon removed from Trump’s case?”

McQUADE: “I think we are a few phases away from that actually happening but they are in this little showdown about whether Donald Trump could raise this defense of the presidential records act which is absolute legal nonsense. It is not a defense here whatsoever and I think what Jack Smith wants the judge to do is make a decision on this issue so that if he wants to appeal he could do that. The government cannot appeal. So the judge did deny Donald Trump’s motion to dismiss the case on that basis, but what she said that is still concerning is that Donald Trump may be able to raise this again as a defense at trial. And I think Jack Smith will have a problem with that, too. So I don’t think this little battle is over just yet.”

CAPEHART; “Do you expect him to follow through on his threat?”

McQUADE: “I think the next thing, if I were in issues, the next thing I would do is file a motion to preclude any reference whatsoever to the presidential records act. And then she has to make a decision on that. If she rules against him, then I think that is where he raises an appeal and possibly a request to the court to remove her.”