Jack Smith finally takes actions and requests that she be thrown out on her ear. I like him so I will refrain from saying what I'll think about it if he doesn't.
Oh, and:
Yes, Merrick Garland should have assigned a special counsel for all of Trump's crimes on day one.
I think her work primarily before being appointed was in appellate court, so that's her background. I read some pundits' takes that she's so slow because she's using an appellate POV instead of a trial court judge's.RVInit wrote: ↑Wed May 08, 2024 11:28 am So, now the case is indefinitely postponed. As if it wasn't already obviously indefinitely postponed.
Also, too - regarding Cannon's motivations, I have a hard time believing that if she were presiding over a classified documents case where the defendant is some regular Tom, Dick, or Harry that she would be handling manipulating it the same way. I don't buy suggestions that there is anything innocent or unintentional in her handling of the case. She is clearly quite intelligent. And she is getting the better of a very experienced prosecutor, cutting him off at every pass and doing it in a way as to maximize the effectiveness of assisting the defendant while leaving no way to be removed from the case. That takes intelligence and extreme gamesmanship. She knows exactly what she is doing.
Judge scraps date for Trump Mar-a-Lago documents trial without rescheduling
Aileen Cannon, overseeing Trump’s prosecution on charges of retaining classified files, says case is not ready to take before jury
Hugo Lowell and Cameron Joseph
Wed 8 May 2024 02.46 CEST
The federal judge overseeing Donald Trump’s prosecution on charges of retaining classified documents at his Mar-a-Lago club on Tuesday formally scrapped her scheduled 20 May trial date without setting a new date, ruling the case was nowhere near ready to take before a jury in Florida.
The fact that the original May trial date would not hold was a foregone conclusion and has been apparent since last year, given delays with pre-trial litigation and the number of unresolved legal issues that have only increased in recent months.
The presiding US district court judge Aileen Cannon set several new deadlines in a five-page order scrapping the trial date, seemingly in an effort to get the case back on track, but the drawn-out nature of the dates cast doubt on the likelihood of a trial before the 2024 election.
In doing so, the judge played into Trump’s overarching legal strategy to seek indefinite delays for his criminal cases, under the belief that winning re-election would enable him to appoint a loyalist as attorney general who could direct prosecutors to drop the charges.
The only silver lining for the special counsel Jack Smith, who brought the case, is that the federal judge overseeing Trump’s criminal case in Washington DC on charges that he conspired to overturn the 2020 election results is free, for now, to schedule that case for trial in the summer.
But the possibility of that case proceeding to trial before the election is also in doubt, since a trial date cannot be set until the US supreme court rules on Trump’s presidential immunity claim and even then, Trump has roughly three more months of defense preparation time left on the clock.
https://www.theguardian.com/us-news/art ... -postponed
Mueller, She Wrote
@MuellerSheWrote
Oh FFS! Judge Cannon approved Jack Smith's redactions but is "very disappointed" in him for asking for them. She also DENIED Trump's proposed redactions but is granting him a merits hearing on them in another motion. This is fucking ridiculous.
https://storage.courtlistener.com/recap ... .561.4.pdfKyle Cheney
@kyledcheney
JUST IN: Unsealed filing in Trump Florida case says there were two rounds of classified documents discovered at Mar-a-Lago *after* the FBI search.
Judge HOWELL also found last year that prosecutors provided sufficient evidence that Trump sought to hide classified documents from prosceutors. It was part of her ruling granting crime-fraud exception to attorney-client privilege.
This entire opinion from Judge Howell assessing the evidence prosecutors presented on Trump's "willful retention" of classified docs and efforts to obstruct the probe is extraordinary.
She described Nauta as "dissembling" in his FBI interview as well.
For example, Howell can't fathom how Trump missed the four classified docs in his own bedroom that his lawyer found in December 2022.
I would find that argument more persuasive if she handled all her cases this way and slow walked all of them based on ridiculous legal theories.Rolodex wrote: ↑Wed May 08, 2024 1:43 pmI think her work primarily before being appointed was in appellate court, so that's her background. I read some pundits' takes that she's so slow because she's using an appellate POV instead of a trial court judge's.RVInit wrote: ↑Wed May 08, 2024 11:28 am So, now the case is indefinitely postponed. As if it wasn't already obviously indefinitely postponed.
Also, too - regarding Cannon's motivations, I have a hard time believing that if she were presiding over a classified documents case where the defendant is some regular Tom, Dick, or Harry that she would be handling manipulating it the same way. I don't buy suggestions that there is anything innocent or unintentional in her handling of the case. She is clearly quite intelligent. And she is getting the better of a very experienced prosecutor, cutting him off at every pass and doing it in a way as to maximize the effectiveness of assisting the defendant while leaving no way to be removed from the case. That takes intelligence and extreme gamesmanship. She knows exactly what she is doing.
For all we know that might be exactly what she does. This is only like her 3rd case or some such.RVInit wrote: ↑Fri May 24, 2024 12:31 pmI would find that argument more persuasive if she handled all her cases this way and slow walked all of them based on ridiculous legal theories.Rolodex wrote: ↑Wed May 08, 2024 1:43 pmI think her work primarily before being appointed was in appellate court, so that's her background. I read some pundits' takes that she's so slow because she's using an appellate POV instead of a trial court judge's.RVInit wrote: ↑Wed May 08, 2024 11:28 am So, now the case is indefinitely postponed. As if it wasn't already obviously indefinitely postponed.
Also, too - regarding Cannon's motivations, I have a hard time believing that if she were presiding over a classified documents case where the defendant is some regular Tom, Dick, or Harry that she would be handling manipulating it the same way. I don't buy suggestions that there is anything innocent or unintentional in her handling of the case. She is clearly quite intelligent. And she is getting the better of a very experienced prosecutor, cutting him off at every pass and doing it in a way as to maximize the effectiveness of assisting the defendant while leaving no way to be removed from the case. That takes intelligence and extreme gamesmanship. She knows exactly what she is doing.
The four that actually went to trial were open and had jury verdict within a very short time frame.chancery wrote: ↑Fri May 24, 2024 1:07 pm Cannon has only presided over four* jury trials, but like every federal judge she has hundreds of cases on her docket. Making an assessment of how well she manages those hundreds of cases would be time-consuming, and I guess no one has taken the trouble. Most cases settle in one fashion or another, and it can take a while before a judge's track record becomes clear.
____________
* Four as of the date United States v. Trump was filed.
In the case of Christopher Tavorris Wilkins, a 34-year-old man from Palm Beach Gardens who, in court, threw a chair at and threatened to kill a federal prosecutor, Cannon in April 2022 added six and a half years of imprisonment to his existing 17.5 year sentence for gun charges.
In the case of Paul Vernon Hoeffer, a 60-year-old man from Palm Beach Gardens who pleaded guilty to making death threats against three Democrats: Speaker of the House Nancy Pelosi, Representative Alexandria Ocasio-Cortez, and prosecutor Kim Foxx, with federal sentencing guidelines recommending 33 and 41 months in prison, and prosecutors proposing 41 months, Cannon in April 2022 sentenced Hoeffer to only 18 months in prison and then three years of supervised release, and also fined him just $2,000.
In a later tweet by Harry Litman, Lisa Ruben replies -Lisa Rubin
@lawofruby
NEW: Tonight, concerned that Trump’s escalating rhetoric about the standard instructions attached to the MAL search warrant will result in violence against law enforcement, the Special Counsel’s office is asking not for a gag order, but to modify Trump’s conditions of release. 1/
https://t.co/MXsFAvEIRd
That matters because when Trump was first indicted, his bond — which he signed — made clear that his continued release was conditioned on his compliance with certain terms. 2/
For example, Trump’s order not only prohibits him from violating any federal, state or local law while on release but also precludes his speaking to any fact witnesses on a list shared with his lawyers about the facts of the case, except through their respective lawyers. 3/
But in asking to modify Trump’s conditions of release to prohibit his making statements that pose a “significant, imminent, and foreseeable danger” to law enforcement involved in the investigation and prosecution of the MAL case, the Special Counsel is upping the ante. 4/
Why? Because where a defendant violates a condition of his release, the consequences can include “the immediate issuance of a warrant for the defendant’s arrest, a revocation of release, and order of detention,” as well as a prosecution for contempt. 5/
But perhaps most importantly, if Judge Cannon denies this motion, it is immediately appealable to the 11th Circuit under federal statute, which provides in relevant part:
https://t.co/CmHJX87eQJ
Harry Litman
@harrylitman
Not clear whether Cannon’s failure to grant the gag order would be the sort of ruling that would permit smith to bring the case to the 11th circuit and move to recuse. But puts her on the spot in any event forces her to acknowledge the danger of her patron I mean the defendant.
Lisa Rubin
@lawofruby
It’s not a request for a gag order. It’s a request to modify his conditions of release, which is immediately appealable under 18 USC 3731, right?
Of course! The Orange Jesus is talking about OTHER law enforcement, not meeeeeeeeeeeeeee!!!! And when he's made Emperor of the USA and the World he will give me permission to bust heads of my enemies.
More at link above.Conspiracy theories, especially those that undermine the public’s confidence in our democratically elected government and institutions, are a core part of Trump’s political platform. These conspiratorial beliefs can culminate in violence, as Americans witnessed on January 6, 2021, when rightwing extremists and other Trump supporters, who falsely but genuinely believed that the 2020 presidential election was stolen, attacked the U.S. Capitol. And this latest episode demonstrates just how rapidly the MAGA network can manufacture and circulate dangerous new conspiracy theories – seemingly out of nothing. Indeed, the speed by which such an obviously false claim spread through the MAGA-verse should be a warning sign during the election period.
The assassination claim appears to have originated with Julie Kelly, a leading MAGA apologist for the January 6th attack on the U.S. Capitol. Kelly has built a career peddling anti-government, pro-Trump conspiracy theories. Her bio on “X” reads “J6 conspiracy theorist” and “insurrection denier,” which is entirely accurate. For instance, Kelly has tried to shift the blame for Jan. 6 from Trump and rightwing extremists, including the Proud Boys, to the FBI. She has insinuated that somehow the Bureau instigated the attack.
Early in the afternoon on Tuesday, Kelly tweeted out a series of screenshots of court filings, claiming that the documents showed the FBI “risked the lives of Donald Trump, his family, his staff and Mar-a-Lago guests for a publicity stunt to make it look like Trump stole national security files.” She based her conclusions in part on an excerpt from Trump’s unsealed brief to the court, which itself deceptively quoted the Justice Department deadly force policy by omitting the word “only” before “when necessary” without using ellipses to indicate that words were removed.
No.
Everything is either factually accurate or an opinion.Asha Rangappa and Tom Joscelyn wrote:The assassination claim appears to have originated with Julie Kelly, a leading MAGA apologist for the January 6th attack on the U.S. Capitol. Kelly has built a career peddling anti-government, pro-Trump conspiracy theories. Her bio on “X” reads “J6 conspiracy theorist” and “insurrection denier,” which is entirely accurate. For instance, Kelly has tried to shift the blame for Jan. 6 from Trump and rightwing extremists, including the Proud Boys, to the FBI. She has insinuated that somehow the Bureau instigated the attack.
Early in the afternoon on Tuesday, Kelly tweeted out a series of screenshots of court filings, claiming that the documents showed the FBI “risked the lives of Donald Trump, his family, his staff and Mar-a-Lago guests for a publicity stunt to make it look like Trump stole national security files.” She based her conclusions in part on an excerpt from Trump’s unsealed brief to the court, which itself deceptively quoted the Justice Department deadly force policy by omitting the word “only” before “when necessary” without using ellipses to indicate that words were removed.
Kelly’s additional framing is bizarre. There’s no real doubt that Trump absconded to Mar-a-Lago with classified national security documents after his presidency. In other words, the FBI did not need to “make it look like Trump stole national security files” because he did just that. Kelly also grossly misinterpreted the court filings she posted on “X.” Even though Kelly’s interpretation of the FBI’s standard operating procedures is unmoored from the facts, her posts spawned coverage across the rightwing media, including on Fox News, and gained further amplification from the social media account of the Republican-majority on the House Judiciary Committee. Her post on X reached over 9 million views.
bob wrote: ↑Sun May 26, 2024 8:22 pmNo.Everything is either factually accurate or an opinion.Asha Rangappa and Tom Joscelyn wrote:The assassination claim appears to have originated with Julie Kelly, a leading MAGA apologist for the January 6th attack on the U.S. Capitol. Kelly has built a career peddling anti-government, pro-Trump conspiracy theories. Her bio on “X” reads “J6 conspiracy theorist” and “insurrection denier,” which is entirely accurate. For instance, Kelly has tried to shift the blame for Jan. 6 from Trump and rightwing extremists, including the Proud Boys, to the FBI. She has insinuated that somehow the Bureau instigated the attack.
Early in the afternoon on Tuesday, Kelly tweeted out a series of screenshots of court filings, claiming that the documents showed the FBI “risked the lives of Donald Trump, his family, his staff and Mar-a-Lago guests for a publicity stunt to make it look like Trump stole national security files.” She based her conclusions in part on an excerpt from Trump’s unsealed brief to the court, which itself deceptively quoted the Justice Department deadly force policy by omitting the word “only” before “when necessary” without using ellipses to indicate that words were removed.
Kelly’s additional framing is bizarre. There’s no real doubt that Trump absconded to Mar-a-Lago with classified national security documents after his presidency. In other words, the FBI did not need to “make it look like Trump stole national security files” because he did just that. Kelly also grossly misinterpreted the court filings she posted on “X.” Even though Kelly’s interpretation of the FBI’s standard operating procedures is unmoored from the facts, her posts spawned coverage across the rightwing media, including on Fox News, and gained further amplification from the social media account of the Republican-majority on the House Judiciary Committee. Her post on X reached over 9 million views.
Anna Bower
@AnnaBower
Trump’s team has now asked Judge Cannon to strike the special counsel’s motion to modify Trump’s condition of release—and asks her to impose sanctions on prosecutors who participated in the decision to file the motion.
https://storage.courtlistener.com/recap ... 83.0_1.pdf