Jack Smith may have an ace-in-the-hole no matter what Judge Cannon does: The Atlantic, Weissman

[hlthe2b]

This is a partial summary of Andrew Weissman and Ryan Goodman's legal assessment in an article published today in the Atlantic: https://www.theatlantic.com/ideas/archive/2023/06/trump-indictment-florida-new-jersey-classified/674393/

[

Jack Smith could 'sidestep' Aileen Cannon by charging Trump elsewhere: legal experts

As damning as the indictment against Donald Trump appears to be, it's possible he'll face even more serious charges in a federal court outside of Florida.

The former president was charged with 37 counts in Miami related to his mishandling of classified documents at his Mar-a-Lago estate, but legal experts Ryan Goodman and Andrew Weissmann wrote a new column for The Atlantic saying the indictment shows Trump may have committed additional crimes at his private residence in Bedminster, New Jersey,

"According to the Justice Department and a taped recording of the former president, Trump took classified records from Mar-a-Lago to Bedminster, where he showed off the contents of such records to others," wrote Goodman and Weissman, who each are professors at NYU School of Law.

"The indictment alleges that Trump showed a map to a political ally and also showed a writer and a publisher a secret military plan to attack Iran. These two episodes were arguably the most egregious allegations of criminal wrongdoing mentioned in the indictment; they allege not just the improper retention of our nation’s most highly classified information, but the intentional communication of such information."

It's not clear why special counsel Jack Smith didn't charge Trump with the dissemination of classified documents, the pair wrote, and it's not clear whether those charges could remain on the table.

Worth reading the entire Atlantic piece, but the gist is that rather than risk overcharging now, or as a backstop against what Jack Smith surely knew would be a risky prosecution in Florida, he intentionally has held out the possibility of filing these ultimate charges (that could exceed the seriousness of all the Florida charges) related to Bedminster in New Jersey. This may give some here (who are rightfully concerned about the likelihood of justice in Judge Cannon's court) some comfort/reassurance. Honestly, I thought Jack Smith would have fully assessed each and every aspect of his prosecution strategy, and knowing this may be his "ace-in-the-hole" does make me feel better.

[republianmushroom]

1. 28 months and counting

[Alexander Of Assyria]

3. Indictments and convictions of fascists? More than 28!! Jailed Boys got time...takes time to

make criminals do time!

[CaptainTruth]

23. More than 1000 charged & counting

Over 1,000 people now face charges in connection to Jan. 6 riots

In the 28 months since a mob of Trump supporters breached the Capitol, more than 1,030 people have been charged in connection to the insurrection and around 570 have pleaded guilty, the Department of Justice said in May.

https://www.axios.com/2023/04/06/jan6-riots-doj-charged]

[erronis]

9. This mushroom pops up on every conversation.

Anything useful to add? It's really easy to build in a monthly counter but a lot harder to start listing some of the things that have been accomplished.

[SilasSouleII]

10. Nothing useful

[Chakaconcarne]

13. I have never seen anything else posted from this person other than what's above.

[Beastly Boy]

16. Over 7,000 posts in less than a year

And nothing of substance to add. You know what they say about repeating the same thing over and over again and expecting a different result...

[Kingofalldems]

28. Tell us how you would handle things, please.

[AZSkiffyGeek]

2. Smith has been a couple steps ahead of TFG AND the pundits the whole time

I can't believe he doesn't have a plan to deal w/ Cannon.

[Cha]

5. "pundits" purposely dumbed down..

imo.

[Silent Type]

4. Since 2020 election, judges have not been particularly favorable to trump.

Sure, Cannon could turn out to be the exception. She could also preside fairly.

[live love laugh]

8. Cannon has already "turned out to be the exception" to a fault.

[VMA131Marine]

12. I'm still wondering if DOJ has Cannon's phone tapped

Some of her rulings as to the status of the documents retrieved in the search, indeed the very fact that she exercised jurisdiction at all, should raise red flags that she was having inappropriate communications with Trump’s legal team throughout that process. She gave them virtually everything they wanted against clear precedents. Could there have been bribes involved too?
I guess we’ll see if she’s still as far out in right field as she was last year when the next hearing happens.

[GreenWave]

19. That would be cool if the Federalist Society is telling her what to do.

Bring down that stinking organization.

[live love laugh]

20. Do they still tap phones? I think extremism, like being

indoctrinated to cult status as she appears to be, is enough for her to risk it all as they say.

I don’t think she needed special surveillance.

[Cha]

6. Makes so much sense.. TY, AW, RG,

and The Atlantic.

Why over charge now when it can be an "Ace in the Hole"?.

[Blue Owl]

7. He's letting Dipshit Donny twist in the wind before delivering the death blow

Enjoy it!

[twodogsbarking]

11. I have faith in Jack Smith.

[MOMFUDSKI]

14. Just WOW.

And I am laughing up Jack's sleeve.

[JustAnotherGen]

15. I can't remember if it was

Neal Katyal or Weissman a few days ago said something such as "the indictment is 1/3 of what Smith has got".

If charged in NJ - he would pull from Somerset County.

That's favorable for conviction.

[TomDaisy]

17. how many times does Cannon want to get overruled by the 11th Circuit

I mean hopefully even someone like her has a limit.

[DownriverDem]

18. Yes, Smith could, but

the reason he moved it to Florida was so it wouldn't look like politics. The attacks on him, Biden and the Dems will be more major.

[hlthe2b]

22. I don't get your point. The trial continues in Florida. He has the option to file a separate case

in NJ over crimes committed there and which include more extensive violations of the espionage act specific to Bedminster activity.

Multiple crimes in multiple jurisdictions frequently result in separate court cases in multiple venues. That he hasn't filed in NJ yet does not mean he won't nor can't nor shouldn't. Just as it was appropriate to file charges for crimes committed in Florida in Florida, so too is it appropriate (and may become legally necessary) to file those specifically committed in NJ, in New Jersey. Not political at all. Legally appropriate.

Albeit, action regarding Trump and J6 may well appropriately preempt this case. But, it is there, nonetheless and is a nice option if Judge Loose Cannon learned nothing from her previous 11th Circuit slapdowns.

[GreenWave]

21. J-6 jury is the real killer bee.

[Scrivener7]

24. The Atlantic is killing it on this lately.

[allegorical oracle]

25. What puzzles me about Florida being the legal venue, is that a venue is normally where the

crime occurred. The unlawful taking of the docs occurred in Washington; the storage and refusal to return them occurred in Palm Beach.

To cast a hypothetical analogy: I rob banks for a living and rob a Washington, DC, bank. Security tapes reveal my identity. But I've flown the money to Florida. The bank negotiates with me and says it won't charge me if I return the money. I refuse and am charged with the robbery, taken to court and indicted. Wouldn't the proper venue be Washington?

Drumpf is being charged with counts under the Espionage Act, not the Presidential Records Act. But those espionage charges would not have occurred if he hadn't removed the docs from Washington in the first place.

[malaise]

26. Smith v Loose Canon

No match
That is all

[malaise]

27. Jack Smith will get him one way or another

Separate charges for Bedminster