As Trump’s classified docs prosecution goes forward, now w no pretense of trial before the election, Judge #Cannon appears poised to permit him to use pub hearings in the case to sound his campaign themes. 1/… #legal
Once again, I urge any reputable #journalist to do a deep #dive into the life of Aileen #Cannon, not just the recent revelation that she accepted "gifts", but all the way back to he life in Colombia. There are #discrepancies. Where did money come from. There is also a discrepancy about her mother's reported asylum from Cuba. How did a 15 yo, a sister & mom get money & VISAs to relocate to the US? Who paid for all her expensive education? How did she buy a house in Michigan AND Florida?
“By delaying a final decision, #Cannon gives other judges presiding over #Trump#criminal cases —US Dist Judge #TanyaChutkan in Washington & #FultonCounty Superior Court Judge Scott #McAfee in #Georgia —a window to schedule their own trials this summer or fall. It’s unclear, though, if either of those judges can prepare their cases in time.”
NEW: Judge #Cannon enters an Order “temporarily staying” the requirement for #Trump to have to file his CIPA Section 5 notice in the MAL classified #documents case.
Sec. 5 requires Trump to disclose to the Government the classified materials he intends on using at trial. #trial
Dozens of fed judges attended wk-long seminars at luxury retreats -receiving free rms, free meals, free $ for travel worth 1000s - & failed to fully disclose as required.
Judges w disclosure issues incl some big names.
Aileen #Cannon, currently presiding over #Trump’s docs case, attended 2wk-long seminars at lux resort near Yellowstone Nat Park...failed to upload disclosure w/in 30 days as required.
After roughly 2 hours of argument, Judge #Cannon seems unlikely to grant motions from Carlos De Oliveira and Walt Nauta to dismiss some or all of the charges against them in #Trump's classified #documents case.... ... ...
What wasn't discussed today? Anything about future timing in the case and when we might get a new trial date. #legal
Judge #Cannon retracted her 2/6 order that wd have unsealed identities of ~2 dozen potential govt witnesses or FBI agents. She thereby likely averted having #JackSmith take her to 11th Cir over the issue
Her 24-pg order is defensive, blaming Jack for not having laid out his argumt more clearly earlier. With some basis tho. Jack’s team isn’t flawless. Its failure to meaningfully respond to #Trump’s & Press Coalition’s argumts for unsealing in Jan was baffling #legal
Judge Aileen #Cannon has partially granted special counsel #JackSmith's motion to redact the names of government witnesses in the classified #documents case.
But Cannon won't make it easy: Smith will still have to justify to the court each name redaction. #legal#TrumpIndictment#Trump
Judge #Cannon sets a motions hearing for April 19 in Ft. Pierce. She’ll hear argument on several of De Oliveira and Nauta’s motions to dismiss/motions for a bill of particulars. #legal#TrumpIndictment#Trump
If #Judge#Cannon continues as she has, the outcome seems to be all but a foregone conclusion.
It’s difficult to believe that, at this point, any panel of #Eleventh#Circuit judges wouldn’t believe the Judge needs to step aside.
It’s worth noting that because Judge Cannon has delayed rulings, there are issues beyond the Presidential Records Act (PRA) that must be decided before trial
-- and could result in an appeal.
There are motions regarding presidential immunity motion and selective/vindictive prosecution still pending.
There are classified evidence issues yet to be decided under the Classified Information Procedures Act (CIPA).
There might be motions in limine that result in a decision by the Judge to exclude evidence the government obtained during the search of Mar-a-Lago or that Trump claims is protected by attorney-client privilege that could lead to pre-trial appeals.
The issues with this case and Judge Cannon are far from over.
“A better option? The govt might file a motion asking the Judge to clarify her ruling on PRA. This would be akin to the motion in limine, but it would ask her to clarify/reconsider the order that on the 1 hand seems to deny #Trump’s motion to dismiss under the PRA while simultaneously leaving the possibility of a jury instruction on it open. A failure to respond or clarify the ruling could set up a recusal motion” #legal https://joycevance.substack.com/p/judge-cannon-rules
"A lawyer who worked in Donald Trump's White House has predicted that Judge Aileen Cannon will be removed from the former president's classified documents case."
The point: if #Cannon wants to tank the case for #Trump, there are a ton of ways she can do it other than the PRA (many of which can come during trial). She knows this. #JackSmith knows this. He needs to get her off the case to avoid all this, but will have to wait and pick the best time. That time is not now.
Emptywheel:
If I'm Jack Smith (I'm not ), I wait until she forces the witness ID.
Jack Smith's historic case is too important in the realm of jurisprudence to be subject to the whims of Federalist influences and fealty to the person who hired you, especially when that perdon is the defendant and their charges border espionage.
Trump special counsel fires back at Cannon order that could disrupt case
Special counsel #Jack#Smith warned the judge overseeing Donald Trump’s #classified#documents case that
👉she is pursuing a legal premise that “is wrong”
and said he would probably #appeal to a higher court if she rules that a federal records law can protect the former president from prosecution.
In a near-midnight legal filing, Smith’s office pushed back hard against an unusual instruction from U.S. District Judge #Aileen M. #Cannon
— one that veteran national security lawyers and former judges have said badly misinterprets the Presidential Records Act and laws related to classified documents.
Smith’s filing represents the most stark and high-stakes confrontation yet between the judge and the prosecutor,
illustrating the extent to which a ruling by Cannon that legitimizes the #PRA as a defense could eviscerate the historic case.
It sets up the possibility that a government appeal of such a ruling could delay the trial well beyond November’s presidential election, in which Trump is the presumptive Republican nominee.
“In an open display of frustration, federal prosecutors on Tuesday night told the judge overseeing #Trump’s classified #documents case that a “fundamentally flawed” order she had issued was causing delays & asked her to quickly resolve a critical dispute about 1 of Trump’s defenses — leaving them time to appeal if needed.
The unusual & risky move by the prosecutors, contained in a 24-pg filing, signaled their mounting impatience w Judge #Cannon” #legal
What's most troubling about #Cannon entertaining #Trump's Presidential Records Act argument is that's she's SEEN all the records now, during the Sec. 4 hearing. She knows they are all highly classified intel products. And yet she's still entertaining this "personal" record BS.
@GottaLaff Harry Litman @harrylitman on Talking Feds says #Cannon entered that crazy ruling for Presidential Records to be introduced for a reason. She will now have that ability during the trial to dismiss all charges with prejudice. I don't pretend to understand the legal rules. But sadly, this trial is done. tRump walks away.
So damn maddening as this was arguably the strongest case between the 4 trials 😡