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 😡
US District Judge #AileenCannon’s ultimatum Mon night came as a surprise twist in what could have been a simple order; one merely asking federal prosecutors & Trump’s lawyers for proposed #JuryInstructions at the upcoming #trial.
But as she has done repeatedly, #Cannon used this otherwise innocuous #legal step as yet another way to swing the case wildly in favor of the man who appointed her while he was president.
Via Andrew Weissmann @aweissmann_ @thelastword 7:15 AM · Mar 19, 2024
"Judge #Cannon asked Jack Smith and Trump’s lawyers to draft jury instructions suggesting she is considering a possible jury instruction that would require the jury to find Trump not guilty."
#Trump's separate pres immunity motion hinges on this PRA argument. It's the "official act" underlying the immunity assertion. If #Cannon thinks it's a close call, that means a stay is likely coming.
When we eventually get to Trump's pres immunity assertion, even if Cannon denies it, she will stay the case unless she finds that the assertion is "frivolous." So today will be the early tell as to how she's leaning on this question. #legal#documents
When I’m wrong, I’ll say it. And I was wrong yesterday about the timing and order of #Trump’s filings. Yes, Trump asked for more time to file replies on his motions to dismiss before Judge #Cannon. But he did that AFTER asking for an adjournment of the NY trial date, not before.
My confusion stems from the fact that the judge overseeing Trump’s NY trial does not allow the public filing of briefs when they are actually submitted. #legal
Judge #Cannon has granted #Trump’s request for a 10 day extension to file replies to some of his motions to dismiss charges in the classified #documents case.
Previously, the deadline for Trump to file replies was set for March 14. But Trump’s attorneys asked to extend that deadline to March 24, citing the need to travel to an upcoming hearing in Ft. Pierce and to prepare for Trump’s trial in New York. #legal