The judge in Donald Trump’s Mar-a-Lago records case on Thursday denied a motion to dismiss from the former President that had little chance of succeeding, but set the case up for further delay.
But in the Thursday order, Cannon declined to do that, sniping back at Smith that his request for a prompt ruling was “unprecedented and unjust.”
Her bizarre choose-your-own-jury-instructions adventure was “unprecedented” so pretty much everything that results from it will be unprecedented, too. As for “unjust” – what a wanker!
delay, delay, delay…
The PRA “does not provide a pre-trial basis to dismiss,”?? It does not provide any basis for dismissal, but then, IANAL.
Is it unrealistic to think Smith appeals this today?
“ándale”,“ándale”,“ándale”
“As always, any party remains free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law.”
Except to start an actual trial.
Let us see the evidence.
You would prefer to proceed to trial when the judge has pulled the pin on a hand grenade and refuses to say whether she’s going to toss it onto the prosecution’s table after jury selection?
This seems like enough of a vacillation by Cannon to allow Jack Smith to appeal to the 11th Circuit Court of Appeals.
I don’t know about today, but Neal Katyal thinks that Smith has no choice but to appeal.
https://twitter.com/neal_katyal/status/1775961349111140523
Judge Cannon just rejected Trump’s bogus Presidential Records Act defense, but only for now. She has (weirdly and pointedly) refused to actually decide the issue, despite Jack Smith’s warning that double jeopardy would then apply. I think Smith has no choice but to go to the 11th Circuit on mandamus. It’s a tough standard, but it is met here.
So basically she’s refusing to rule? Isn’t that also a justification for her removal from the case?
Let me fix that headline for you ‘Corrupt orange man gets favorable treatment from corrupt Florida judge’
“As always, any party remains free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law.”
Not after jury selection and double jeopardy kicks in if this idiot judge dismisses later.
It appears Smith has his reason to appeal to the 11th. (finally!)
I always get a chill when an authority figure gets infantile.
Am I too sensitive?
It could, in theory. If trump really were indicted for possessing records that the PRA deems personal, he could move to dismiss on that basis. But what he’s been indicted for here is possessing documents that contain “National Defense Information,” which means they are necessarily not personal records. They couldn’t be personal records even if he did magically declassify them with his mind.
I agree it will just be delayed for some other reason. This judge needs to be replaced.
I agree with Solicitor General Katyal. This is just confirmation that Judge Traitor Cannon is simply planning to dismiss the entire case AFTER the jury is sworn in to prevent the Government from appealing her dismissal and charging Trump on these charges ever again. SC Smith needs to head these unlawful notions off at the pass by arguing the Judge Traitor Cannon is not dealing in good faith with the Government, is conflicted by her appointment by the defendant AFTER his defeat in 2020, and by Obstructing Justice. In my view, she has become a co-conspirator with Trump, Nauta and the other moron.
SC Smith should also look at charging Trump for dissemination of classified information at his Bedminister, NJ Country Club in a new indictment, to cover his bets. No one, but especially not a POTUS, should be allowed to play this fast and loose with National Security information. People have been duly tried and executed for doing less than Trump has allegedly done.
Predictable as shit stinking: she applies the brakes when Smith warns her she’s about to get a smackdown so that she can deny him any ability to appeal something and keep the case on track to be dismissed once the jury is sworn in.
But whatever…we’re not getting a trial before the red states steal the election anyway…
Cannon added that her jury instruction order was simply an attempt “to better understand the parties’ competing positions” in what is a “complex case of first impression.”
Code for I don’t have a clue.
Well, if Katyal thinks so, then that’s a start I suppose. If she left a dangling chad that leaves appeal open, even if it’s just for mandamus, then she has potentially finally made the mistake that blows up her obvious plan.