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.
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.
I wonder who Cannon is getting legal advice from for her protect-Trump-and-her-career actions. I imagine several Trump cult lawyers are guiding her. And I wonder who's paying them. If Trump wins, he'll make a place for her on SCOTUS. He'll owe her big time.
It seems more and more obvious that while she may be really really dumb, someone probably is feeding ideas and docs to her. Wouldn't be a surprise given the actors on one side of the drama. But the odor of incompetence pervades the room.......
When has Drumpf ever rewarded someone that he owes? In the unlikely even he gets elected he'll kick her to the curb like anyone else who has ever helped him and find someone who he can leverage.
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.
It occurs to me that her reference to "the upcoming trial" could be a lie. She may be looking for what she thinks will be the least unjustifiable grounds to dismiss it.
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 :
Joyce is a hoot beyond description. Hubby is a judge and a passle of chickens and the warmest, snuggliest pooch around. Full time law professor with time to be an MSNBC analyst/comentator and she still has time for US! Who the hell are we that she takes so much time for is unbelievable. It is not just me. We all love her her imensely. Fortunate us is not even close.
Her "Civil Discourse" is a master class in law in plain English for those of us who didn't go to law school -- and for plenty of lawyers too! And she lives in *Birmingham, Alabama*.
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.
I think this is the case. I don't believe SC Smith is unprepared for this situation. There are a lot of experienced lawyers in the DOJ working on this case full time. He has probably dealt with this sort of thwarting and game playing before, having prosecuted international criminals in the past. The orange traitor is an international criminal, and he and the judge in his pocket are no match for SC Smith. I am with you in 'hope springs eternal', and am placing my bet on Jack Smith and those in our judicial system who actually believe in justice.
She graduated cum laude? Doesn't say much for Duke's standards, does it? She really is incompetent, as well as being blatantly and brazenly biased. Although I believe that Nixon was a Duke Law graduate, so maybe the school likes incipient fascists.
She also got her J.D. magna cum laude from the U. of Michigan Law School (per Wikipedia). She was born in Colombia to a Cuban mother and an American father; she was raised in Florida and is bilingual -- you'd think with this background she'd be a whole lot smarter, more aware of the world, etc.
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!!
If I were in the Leonard Leo crowd, I would not put much faith in Lucy Cannon. I'd go for someone smart and experienced enough to be subtle. But who knows, maybe they don't have much to choose from! About the 11th Circuit -- I'm not sure about the protocol, but this is a Circuit Court of *Appeals*. I think that means that cases have to be brought to them, then they decide whether to take them up or not. Lower courts can't just go out and solicit cases either. The Trump prosecutions are a very-high-stakes multi-dimensional chess game and I have zero trouble seeing why Jack Smith and the other prosecutors are doing their best to dot every i and cross every t.
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?
I don't want to appear to be what Nixon's VP Spiro Agnew called a "nattering nabob of negativism," but when I read what Robinson says, I can't bring myself even to smile, much less laugh, while those Tunes had me hysterical with laughter first run (yep) and still do in Geezerville.
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.
I wonder who Cannon is getting legal advice from for her protect-Trump-and-her-career actions. I imagine several Trump cult lawyers are guiding her. And I wonder who's paying them. If Trump wins, he'll make a place for her on SCOTUS. He'll owe her big time.
It seems more and more obvious that while she may be really really dumb, someone probably is feeding ideas and docs to her. Wouldn't be a surprise given the actors on one side of the drama. But the odor of incompetence pervades the room.......
When has Drumpf ever rewarded someone that he owes? In the unlikely even he gets elected he'll kick her to the curb like anyone else who has ever helped him and find someone who he can leverage.
You're exactly right. Silly me.
You really have his number, Tom.
Probably!!
Yep, but the lonely always have hope. Fools that they are.
Stormy got a few bucks...
That would be The Federalist Society and Leonard Leo.
Totally!
Thomas oversees that area for the SCOTUS.
Yep, you and lots of the rest of us see that quite clearly.
My understanding is the 32 counts apply to specific documents (I’m unsure how many).
If dismissed, can DOJ bring another case based on other docs, and on grounds other than the Espionage Act?
The Horror!!!
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.
Like when tfg described Jack Smith as “a lowlife who is nasty, rude, and condescending" -- sound like anyone we know?
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."
I just hope it catches up with her tomorrow!
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.
It occurs to me that her reference to "the upcoming trial" could be a lie. She may be looking for what she thinks will be the least unjustifiable grounds to dismiss it.
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
Here is another good look at it all from Chris Geidner at Law Dork :
https://www.lawdork.com/p/cannons-presidential-records-order?utm_campaign=email-half-post&r=3yvoa&utm_source=substack&utm_medium=email
Joyce's Venn diagram of of how the PRA and the Espionage Act intersect cracked me up: two self-contained circles that don't overlap at all.
Joyce is a hoot beyond description. Hubby is a judge and a passle of chickens and the warmest, snuggliest pooch around. Full time law professor with time to be an MSNBC analyst/comentator and she still has time for US! Who the hell are we that she takes so much time for is unbelievable. It is not just me. We all love her her imensely. Fortunate us is not even close.
Her "Civil Discourse" is a master class in law in plain English for those of us who didn't go to law school -- and for plenty of lawyers too! And she lives in *Birmingham, Alabama*.
Yes, and had to lay low for possible tornados.
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.
I think this is the case. I don't believe SC Smith is unprepared for this situation. There are a lot of experienced lawyers in the DOJ working on this case full time. He has probably dealt with this sort of thwarting and game playing before, having prosecuted international criminals in the past. The orange traitor is an international criminal, and he and the judge in his pocket are no match for SC Smith. I am with you in 'hope springs eternal', and am placing my bet on Jack Smith and those in our judicial system who actually believe in justice.
I wonder what her Duke law school profs and classmates are thinking. Was she a kook in school? I believe she graduated cum laude….
Would love for a journalist to track down the reflections.
She graduated cum laude? Doesn't say much for Duke's standards, does it? She really is incompetent, as well as being blatantly and brazenly biased. Although I believe that Nixon was a Duke Law graduate, so maybe the school likes incipient fascists.
Or, headline grabbing dorks?
She also got her J.D. magna cum laude from the U. of Michigan Law School (per Wikipedia). She was born in Colombia to a Cuban mother and an American father; she was raised in Florida and is bilingual -- you'd think with this background she'd be a whole lot smarter, more aware of the world, etc.
"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!!
If I were in the Leonard Leo crowd, I would not put much faith in Lucy Cannon. I'd go for someone smart and experienced enough to be subtle. But who knows, maybe they don't have much to choose from! About the 11th Circuit -- I'm not sure about the protocol, but this is a Circuit Court of *Appeals*. I think that means that cases have to be brought to them, then they decide whether to take them up or not. Lower courts can't just go out and solicit cases either. The Trump prosecutions are a very-high-stakes multi-dimensional chess game and I have zero trouble seeing why Jack Smith and the other prosecutors are doing their best to dot every i and cross every t.
Not a guess. Apparently she has been a member of the Federalist Society since law school. She is heavily coached by Libertarian Fascists.
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?
Well, there's Mark Robinson, the Republican nominee for governor in North Carolina. He's about as loony tunes as they come.
I don't want to appear to be what Nixon's VP Spiro Agnew called a "nattering nabob of negativism," but when I read what Robinson says, I can't bring myself even to smile, much less laugh, while those Tunes had me hysterical with laughter first run (yep) and still do in Geezerville.
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.