Trump's Classified Docs Theft: Mar-A-Lago, FBI Subpoenas, Searches & Seizures - DOJ, Garland, GOP Madness - Spy Hard

[p0rtia]

So....

What next?

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:

FUCK YOU MERRICK GARLAND

[RVInit]

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.

[RVInit]

So....

What next?

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:

FUCK YOU MERRICK GARLAND

Yes, Merrick Garland should have assigned a special counsel for all of Trump's crimes on day one.

We are going to end up with a criminal for President again partly because of all those fucking idiots who were afraid HER EMAILS indicated some kind of criminality. He is now locked in as being a legitimate candidate, which wouldn't have happened had he lost that 2016 election. He would have slunked away and continued scamming small businesses out of their owners life savings.

[Rolodex]

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.

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.

[RTH10260]

The Guardian sums it up this way

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

[RTH10260]

MTN Ben Meiselas comments on false statements by Mike Johnson

[pipistrelle]

Cannon is disappointed with Jack Smith.

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.

[MN-Skeptic]

Kyle 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.

https://storage.courtlistener.com/recap ... .561.4.pdf

[Dr. Ken]

Which makes cannons actions even more egregious

[RVInit]

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.

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.

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.

[sugar magnolia]

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.

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.

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.

For all we know that might be exactly what she does. This is only like her 3rd case or some such.

[chancery]

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.

[RVInit]

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.

The four that actually went to trial were open and had jury verdict within a very short time frame.

One of the cases that was settled I was able to find information about. Seems like Cannon was pushing for early filings and agreements in that case even though the case was based on brand new legislation pushed by, guess who, Former POTUS Trump. She clearly had no issue deciding things in a hurry in that case in spite of the fact that the legislation was largely untested, her case being the very first case based on that new legislation. Hmm. That seems kind of interesting to me. I will continue to see if I can find details, but I do know on the four cases that went to trial they were all filed, tried, and jury verdict within a very short time period, which also suggests that she didn't seem to have the need to dilly dally around and make huge mountains out of molehill filings.

https://www.tampabay.com/news/florida/2 ... y-in-cuba/

[RVInit]

Judge Cannon is presiding over a "complex, 10 defendant health care related case". Here are some interesting notes from the docket located here: https://www.courtlistener.com/docket/63 ... -v-carver/

On a motion to seal that was filed on March 2, 2022 she was able to produce an order within 5 days granting the prosecutions motion to seal as to defendants. That seems to be a very quick turnaround and also did not require a hearing, as she decided based on filings only. Compare this to how long it is taking her on a case that is arguably less complicated - the documents case.

An unopposed motion to continue a hearing she was able to order the same day. The very next day she submitted an order to reschedule the hearing, again taking very little time to make a decision.

A pro hac vice request took her one day to decide on, having been submitted on March 3, 2022 and her order granting was dated March 4, 2022, again showing a fast turn around.


On Aug 3 Judge Cannon changed the time of a status hearing after which a defendant filed a notice of conflict 304 and asked for a reschedule. She was able to deny that motion the very next day.

At a status conference held on Aug 8 the prosecution made several requests and Judge Cannon was able to issue her decision the next day (Aug 9) in which she granted in part and denied in part proseuction motions made the previous day. Again, pretty quick turnaround.

In spite of the fact that she was strongly rebuked by the 11th Circuit Court of Appeals, she has continued to have no issue with regular status conferences followed by quick decisions in the health care case, so I don't think a strong argument can be made that she is now frightened to make decisions because of the Trump search warrant case fiasco. The health care case defendants are filing all kinds of appeals since she was overturned so publicly in the Trump case and that has not stopped her from issuing decisions and moving that case along as much as she can given that some of the issues are under appeal.

This complex health care case she is continuing to schedule regular hearings, and acting on motions brought up in these hearings very quickly. She is not scheduling regular hearings in the documents case, they have been very sporadic and she is not issuing decisions like she is doing in the health care case. There seems to be ample evidence that she is attempting to move the health care case along while she is very clearly throwing obstacles to the movement of Trump's case. Also, when she was interfering in the original search warrant she didn't seem to take very long to make her ridiculous decisions.

Here are some interesting facts as to some of her sentencing, which seem to be very harsh in every case except for the one involving threats to Nancy Pelosi and AOC. I am giving an example of only one of the harsh sentencing for comparison, but all the others are listed on her Wikipedia page and the harsh sentencing can be seen in every case apart from the single case of death threats to Democrats.

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.

[poplove]

Special counsel Smith seeks order from judge barring Trump from making statements that pose risk to law enforcement
Trump falsely claimed Biden, FBI had plan to assassinate him during raid.

https://abcnews.go.com/Politics/special ... =110553074

[raison de arizona]

https://storage.courtlistener.com/recap ... .581.0.pdf

[MN-Skeptic]

IANAL so I can't judge the validity of this, so I'll just put it out there for the lawyers here to view -

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

In a later tweet by Harry Litman, Lisa Ruben replies -

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?

[pipistrelle]

Does 3/4 of the FBI still lurve him?

[RVInit]

Does 3/4 of the FBI still lurve him?

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.

[pipistrelle]

Anatomy of MAGA Conspiracy of Assassination Attempt Against Trump: What It Tells Us

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.

More at link above.

[DrIrvingFinegarten]

Does Kelly have a case here?

[bob]

Does Kelly have a case here?

No.

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.

Everything is either factually accurate or an opinion.

[DrIrvingFinegarten]

Does Kelly have a case here?

No.

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.

Everything is either factually accurate or an opinion.

I really hope Julie Kelly has to answer for all the damage she’s done to this country.

[pipistrelle]

Does Kelly have a case here?

Ahem

[MN-Skeptic]

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