In a brief order issued this afternoon, Judge Aileen Cannon rejected Trump’s contention that the Presidential Records Act (PRA) takes precedence over the Espionage Act in Trump’s handling of highly classified documents he took from the White House and stored in various insecure locations around Mar a Lago for more than a year after he left office. Her order addressed a motion Trump had made to dismiss the charges based on the Presidential Records Act. Trump contended that the PRA gave him the right to declare that a stash of top-secret documents he took from the White House were his to possess as private property. The PRA does exactly the opposite, establishing that all documents produced as a result of official acts by a president while he is in office are the property of the government, not the person serving for four years as president.
I think her game plan is clear. Avoid any decisions that Smith can appeal to the 11th Circuit, start the trial after the election and once the prosecution has presented its case, entertain the almost-certain defense motion to dismiss the charges based on the Presidential Records Act and decide to do just that. Since double jeopardy would apply, there is no way the prosecution can appeal, so she can't be reversed. Adjudicated Sexual Assailant P1135809 walks on the most open-and-shut of the criminal cases against him because the judge is auditioning to replace Clarence Thomas on SCOTUS if P1135809 wins the election and Thomas drops dead shortly thereafter.
She’s just like her idol: it’s all about projection with these yahoos. The resignation of her judicial clerks — more than unusual — speaks volumes about her character and demeanor. And there’s not much to say about her integrity or intellect. She’s drowning in her own incompetence and needs to be relieved.
Cannon is f'ked. She just doesn't know it yet. You cannot serve Agent Orange and the law. It is impossible. As Rick Wilson tells us "Everything Trump touches, dies."
Have now seen three different legal eagles opine her ruling does not prohibit her from considering the PRA might be a defense for the jury to consider once the trial starts; and that her decision was to reduce the probability Smith would file some motion to disqualify her. IOW a strategic retreat not a victory for common sense law and order.
She is still in the bag for her liege and benefactor.
"she actually includes a clear reference to 'the upcoming trial,' at least acknowledging that after the hemming and hawing she has done so far, there will be one."
But she didn't say that it will be before November, and if it is not and Trump is president, it will not occur at all.
Starting with Joyce Vance around noon WCT, it has been a very interesting afternoon. WaPo reported, while we were making comments to Joyce's post, that Cannon had denied the Trump motion. Reading her snarkiness back at Smith is laying the groundwork for an interesting week ahead.
Joyce does a very clear break down. Here is the url below :
She did not dismiss with prejudice, thus leaving the door open to raise the issue during trial. She obviously thinks she's cute and clever - I'd love to know where she's getting advice from. I hope there's enough for Jack Smith to get a writ of mandamus from the 11th Circuit and perhaps have her booted before she tanks the case entirely and lets Trump walk free. Hope springs eternal.
And what really galls me: Of all the cases Trump is involved in, this case is a slam dunk for the prosecution on both Espionage Act grounds and obstruction of justice. If any one of us had been found with even one of those documents in our possession without authorization we would have long since been convicted and in jail. To confirm this, just do some quick research on other recent classified documents cases. Obstruction of justice in Trump’s case, given what he told his Mar a Largo employees to do (erasing the videotape, lying to the FBI, etc.) would have easily enhanced his ultimate sentence. Notwithstanding what Cannon did today, she still has several other opportunities to fix things so that he walks whether or not he’s elected in November. —
Had he not been slapped into the office by that bleeding anachronism, the electoral college, Trump should never have had a security clearance in the first place. I’m serious. The gimlet-eyed men in the Pentagon who interviewed me prior to my gaining an SCI clearance (which I had for two years on a need-to-know basis for a special assignment) would likely have assessed Trump— insecure, boastful, needy for praise and attention— as a classic security risk.
My guess is that Cannon gets her orders from the Leonard Leo crowd, thus her pompousness. Jack Smith and his team took the necessary measures to refute Cannon. She noticed, but was taken aback that Smith had the audacity to question her, an inexperienced, rogue, partisan judge. Here is what I don’t quite understand. Surely, the judges in the 11th Circuit must know what has been said and written about this case. Why is it that they must wait for the Special Counsel to request their participation? Is this merely just protocol or can they merely enter the case to give a good bench slap to Aileen all by themselves? Regardless, the chances of double jeopardy hangs over the head of Smith and us. We cannot take that chance. Smith must plead with the 11th to reprimand Cannon and take her off of this case. Enough is enough, damnit!!
Since am technically challenged visualize Judge Cannon as Monty Python's Black Knight with both arms severed SHOUTING at the SC as the White Knight It's Only A Flesh Wound!
As always, Lucian, gratitude that you masticate MAGA moosh on our behalf. I see some of your readers are with me, wondering who is writing her stuff. As for the Deranged Degenerate Defendant naming her to the MAGA wing of SCOTUS as a direct replacement for a departing Clarence Thomas,,
ya think DDT wouldn't even bother to find another grifter of the African-American persuasion?
She is a tool of someone providing her direction-- seems to me her job is to cloak her actions on behalf of Trump in quasi-legal terms. Her spin of asking for a clear position of both sides could have easily be done by asking for a summary of both sides' arguments -- she was really trying to search for an excuse to rule in Trump's favor. Lucian aptly quoted Cohn earlier -- know the judge vice the law
I read the Order and was fearful of commenting, its like she's trying to do something logical and make sense of this trial. I had to check and make sure it wasn't dated April 1. Still, plenty of time to disappoint us all with something crazy, which I fully expect.
I think her game plan is clear. Avoid any decisions that Smith can appeal to the 11th Circuit, start the trial after the election and once the prosecution has presented its case, entertain the almost-certain defense motion to dismiss the charges based on the Presidential Records Act and decide to do just that. Since double jeopardy would apply, there is no way the prosecution can appeal, so she can't be reversed. Adjudicated Sexual Assailant P1135809 walks on the most open-and-shut of the criminal cases against him because the judge is auditioning to replace Clarence Thomas on SCOTUS if P1135809 wins the election and Thomas drops dead shortly thereafter.
She’s just like her idol: it’s all about projection with these yahoos. The resignation of her judicial clerks — more than unusual — speaks volumes about her character and demeanor. And there’s not much to say about her integrity or intellect. She’s drowning in her own incompetence and needs to be relieved.
Cannon is f'ked. She just doesn't know it yet. You cannot serve Agent Orange and the law. It is impossible. As Rick Wilson tells us "Everything Trump touches, dies."
Have now seen three different legal eagles opine her ruling does not prohibit her from considering the PRA might be a defense for the jury to consider once the trial starts; and that her decision was to reduce the probability Smith would file some motion to disqualify her. IOW a strategic retreat not a victory for common sense law and order.
She is still in the bag for her liege and benefactor.
"she actually includes a clear reference to 'the upcoming trial,' at least acknowledging that after the hemming and hawing she has done so far, there will be one."
But she didn't say that it will be before November, and if it is not and Trump is president, it will not occur at all.
Starting with Joyce Vance around noon WCT, it has been a very interesting afternoon. WaPo reported, while we were making comments to Joyce's post, that Cannon had denied the Trump motion. Reading her snarkiness back at Smith is laying the groundwork for an interesting week ahead.
Joyce does a very clear break down. Here is the url below :
https://joycevance.substack.com/p/judge-cannon-gets-the-response-she?utm_campaign=email-half-post&r=3yvoa&utm_source=substack&utm_medium=email
She did not dismiss with prejudice, thus leaving the door open to raise the issue during trial. She obviously thinks she's cute and clever - I'd love to know where she's getting advice from. I hope there's enough for Jack Smith to get a writ of mandamus from the 11th Circuit and perhaps have her booted before she tanks the case entirely and lets Trump walk free. Hope springs eternal.
"complex case of first impression" lolololololol nothing complex about it in any way shape or form.
And what really galls me: Of all the cases Trump is involved in, this case is a slam dunk for the prosecution on both Espionage Act grounds and obstruction of justice. If any one of us had been found with even one of those documents in our possession without authorization we would have long since been convicted and in jail. To confirm this, just do some quick research on other recent classified documents cases. Obstruction of justice in Trump’s case, given what he told his Mar a Largo employees to do (erasing the videotape, lying to the FBI, etc.) would have easily enhanced his ultimate sentence. Notwithstanding what Cannon did today, she still has several other opportunities to fix things so that he walks whether or not he’s elected in November. —
Had he not been slapped into the office by that bleeding anachronism, the electoral college, Trump should never have had a security clearance in the first place. I’m serious. The gimlet-eyed men in the Pentagon who interviewed me prior to my gaining an SCI clearance (which I had for two years on a need-to-know basis for a special assignment) would likely have assessed Trump— insecure, boastful, needy for praise and attention— as a classic security risk.
My guess is that Cannon gets her orders from the Leonard Leo crowd, thus her pompousness. Jack Smith and his team took the necessary measures to refute Cannon. She noticed, but was taken aback that Smith had the audacity to question her, an inexperienced, rogue, partisan judge. Here is what I don’t quite understand. Surely, the judges in the 11th Circuit must know what has been said and written about this case. Why is it that they must wait for the Special Counsel to request their participation? Is this merely just protocol or can they merely enter the case to give a good bench slap to Aileen all by themselves? Regardless, the chances of double jeopardy hangs over the head of Smith and us. We cannot take that chance. Smith must plead with the 11th to reprimand Cannon and take her off of this case. Enough is enough, damnit!!
Re: Judge Cannon's words to the SC
Since am technically challenged visualize Judge Cannon as Monty Python's Black Knight with both arms severed SHOUTING at the SC as the White Knight It's Only A Flesh Wound!
As always, Lucian, gratitude that you masticate MAGA moosh on our behalf. I see some of your readers are with me, wondering who is writing her stuff. As for the Deranged Degenerate Defendant naming her to the MAGA wing of SCOTUS as a direct replacement for a departing Clarence Thomas,,
ya think DDT wouldn't even bother to find another grifter of the African-American persuasion?
She is a tool of someone providing her direction-- seems to me her job is to cloak her actions on behalf of Trump in quasi-legal terms. Her spin of asking for a clear position of both sides could have easily be done by asking for a summary of both sides' arguments -- she was really trying to search for an excuse to rule in Trump's favor. Lucian aptly quoted Cohn earlier -- know the judge vice the law
I read the Order and was fearful of commenting, its like she's trying to do something logical and make sense of this trial. I had to check and make sure it wasn't dated April 1. Still, plenty of time to disappoint us all with something crazy, which I fully expect.
Thanks for the update. I'll take whatever we can get from her.