Fogbow

Page 9: "The Judicial Watch president, who was not an attorney"

Ben Meiselas goes through the filing in detail. I thought it was pretty good.

Jack Smith TORCHES Judge Cannon in LATE NIGHT Filing

Good.

tfg's motion to dismiss based on the PRA? Dennied.
https://storage.courtlistener.com/recap ... .431.0.pdf

She also won't rule on the jury instructions and will drag that out

"For completeness," S.D.Fla's order denying defendant's motion to dismiss.

What the hell kind of game is Cannon playing? No, the PRA doesn't apply, but maybe I am going to keep that idea on hold until after a jury is selected. She is a real piece of work.

RVInit wrote: ↑Thu Apr 04, 2024 11:18 pm What the hell kind of game is Cannon playing? No, the PRA doesn't apply, but maybe I am going to keep that idea on hold until after a jury is selected. She is a real piece of work.

It’s a NEW GAME from CANNON TOYS!
INCOMPETENCE!!!

Watch your opponent ignore the rules! Change her mind! Give inconsistent statements! Show bias towards other players!
As we always say here at Cannon Toys: Cannon Toys with your mind!

IANAL, so I'll just put this here as an opinion I saw on Twitter. It's from Roger Parloff of Lawfare. Down below I've posted the link to the rolled up Twitter thread -



From the first two tweets -

Roger Parloff
@rparloff

Regretfully, I think Judge Cannon made the correct chess move yesterday, and I join those saying that Jack can’t seek mandamus just yet. Still, I think it’s unlikely Cannon can avoid a 11th Circuit showdown on *something* soon...
1/9

... There are too many frivolous Trump motions pending, and given her extreme aversion to ruling against Trump (for whatever reason), she can’t dodge them all indefinitely. Each may give Jack a chance to seek reassignment, which some 11th Cir. judges may already favor.
/2

Rolled up thread - https://threadreaderapp.com/thread/1776 ... =topunroll

She's clearly in over her head and incompetent, but I've wondered if she's getting help from someone on the other side. IIRC, she was classified as unqualified when she was nominated. She's not very good at hiding her prejudices.

AndyinPA wrote: ↑Fri Apr 05, 2024 12:20 pm She's clearly in over her head and incompetent, but I've wondered if she's getting help from someone on the other side. IIRC, she was classified as unqualified when she was nominated. She's not very good at hiding her prejudices.

ABA rated her qualified fwiw, but just barely. She is woefully inexperienced as a judge, however.

She was confirmed 56 to 21. The American Bar Association rated Cannon qualified by a substantial majority and well qualified by a minority for the position.

raison de arizona wrote: ↑Fri Apr 05, 2024 12:41 pm

AndyinPA wrote: ↑Fri Apr 05, 2024 12:20 pm She's clearly in over her head and incompetent, but I've wondered if she's getting help from someone on the other side. IIRC, she was classified as unqualified when she was nominated. She's not very good at hiding her prejudices.

ABA rated her qualified fwiw, but just barely. She is woefully inexperienced as a judge, however.

Thanks.

It's too bad Smith can't mandamus her ass for absolute failure to make any decisions or to move the case forward in any meaningful way. How many of her "decisions" so far have been the same as this one.... "for the time being, pretrial this is my decision, blah blah blah". She is so obviously deliberately destroying this case, the one that should be an open and shut guilty verdict. She is disgusting.

RVInit wrote: ↑Fri Apr 05, 2024 4:18 pm It's too bad Smith can't mandamus her ass for absolute failure to make any decisions or to move the case forward in any meaningful way.

FWIW, an appellate court can issue a mandamus writ for a district court's failure to act.

But it is rarely asked for, and even more rarely granted.

I think, if the prosecutor makes a motion in limine for clarifying ruling, and the district court is coy, the appellate court may be receptive to the argument the prosecutor is entitled to answer before jeopardy attaches.

bob wrote: ↑Fri Apr 05, 2024 4:37 pm

RVInit wrote: ↑Fri Apr 05, 2024 4:18 pm It's too bad Smith can't mandamus her ass for absolute failure to make any decisions or to move the case forward in any meaningful way.

FWIW, an appellate court can issue a mandamus writ for a district court's failure to act.

But it is rarely asked for, and even more rarely granted.

I think, if the prosecutor makes a motion in limine for clarifying ruling, and the district court is coy, the appellate court may be receptive to the argument the prosecutor is entitled to answer before jeopardy attaches.

Last night on Lawrence O'Donnell's show, he interviewed Lawrence Tribe and Katyal Nadar about this very subject. IIRC (and if I understood correctly) they seemed to be saying that Smith may be trying to lay a trap for her. If he files a motion in limine, asking her to state definitively whether or not Trump can use the PRA as a defense, she is caught between a rock and a hard place. If she says he can use the PRA, Smith can appeal on that basis. If she tries to kick the can down the road by not ruling either way, then Smith can ask the 11th for a writ of mandamus, ordering her to make a ruling. If she rules that TFG can not use the PRA, then she will incur the wrath of Trump, her master.

bob wrote: ↑Fri Apr 05, 2024 4:37 pm

RVInit wrote: ↑Fri Apr 05, 2024 4:18 pm It's too bad Smith can't mandamus her ass for absolute failure to make any decisions or to move the case forward in any meaningful way.

FWIW, an appellate court can issue a mandamus writ for a district court's failure to act.

But it is rarely asked for, and even more rarely granted.

I think, if the prosecutor makes a motion in limine for clarifying ruling, and the district court is coy, the appellate court may be receptive to the argument the prosecutor is entitled to answer before jeopardy attaches.

Alan Feuer @alanfeuer wrote: Just in: Judge Cannon grants Jack Smith's request to redact the names of nearly two dozen govt witnesses that Trump wanted to reveal in public versions of one of his big filings in the classified docs case.

But Cannon has ruled against Smith in his efforts to stop Trump from making public statements these witnesses made.
Recall: Trump attached to a motion to compel discovery sensitive material like excerpts of grand jury testimony and FBI 302s.
Some of that stuff may now come out.

Hugo Lowell @hugolowell wrote: NEW: Judge Cannon is giving Trump until May 9 to file his CIPA Section 5 notice, where Trump has to disclose the specific classified docs he wants to use at trial. Sec 5 is a key step because it protects against surprise disclosure of classified material

May 8, 9:00 pm, he files a request to delay it, sternly reminding her she owes her job to him.

Naughty Nauta's FBI interview incoming. Maybe.

Alan Feuer @alanfeuer wrote: Just in: Looks like we'll be getting a transcript of Walt Nauta's FBI interview at some point tomorrow, minus the names of any potential govt witnesses, according to Judge Cannon's most recent order.

Delay!
https://storage.courtlistener.com/recap ... .458.0.pdf

President Trump respectfully requests an adjournment of the May 9, 2024, deadlines
until three weeks after the conclusion of the People v. Trump trial.

Kyle Cheney @kyledcheney wrote: There's some wild stuff in this newly unsealed (but heavily redacted) FBI interview from a high-level Trump-world person related to the classified docs investigation.

For example: the witness was afraid to have the interview recorded for fear of reprisal https://storage.courtlistener.com/recap ... .470.4.pdf

https://storage.courtlistener.com/recap ... .470.4.pdf

That's a crazy thread. Wonder how long it'll take the sleuths to figure out who each "Pers" is.

Turns out National Archives were trying to find Obama's letter to trump as well as the Sharpie-enhanced map of Hurricane Dorian.