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marmar

(79,826 posts)
Thu Mar 21, 2024, 09:05 AM Mar 2024

The Mar-a-Lago judge is entertaining Trump's most brazen defenses


(Guardian UK) The federal judge overseeing Donald Trump’s prosecution on charges of retaining classified documents appears to be entertaining his most brazen defenses that could ultimately result in ensuring the acquittal of the former president.

The issue revolves around an order from the US district judge Aileen Cannon on Monday asking Trump and prosecutors in the office of the special counsel Jack Smith to draft jury instructions for two scenarios that gave extraordinary credit to Trump’s defense theories.

The two jury instruction scenarios, as conceived by Cannon, were so beneficial to Trump and so potentially incorrect on the law of the Espionage Act that it would bring into serious doubt whether it made sense for prosecutors to take the case to trial.

In her two-page order, Cannon asked for both parties to draft jury instructions supposing it was true that Trump had the power under the Presidential Records Act to turn any White House document – classified or not – into personal records: records he was authorized to retain. ..................(more)

https://www.theguardian.com/us-news/2024/mar/21/implications-trump-classified-documents-trial




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2naSalit

(103,252 posts)
2. That shill has to be removed from the case NOW.
Thu Mar 21, 2024, 09:24 AM
Mar 2024

I hope action is taken by Friday. Seriously, anyone allowing delays at this point is complicit.

onenote

(46,185 posts)
4. Not going to happen. I know folks think it should. But it won't.
Thu Mar 21, 2024, 10:51 AM
Mar 2024

The 11th Circuit won't remove her. And Smith won't waste time asking them to do so.

She's made horrible legal rulings. That isn't disqualifying. It's why we have an appellate process.

Irish_Dem

(81,777 posts)
6. I hope that is the reason Smith is not making the case against her.
Thu Mar 21, 2024, 12:27 PM
Mar 2024

Rather than wimping out.

EndlessWire

(8,103 posts)
8. Yeah, I read that it's near impossible
Thu Mar 21, 2024, 01:41 PM
Mar 2024

to request a change of Judge under these circumstances. But, you'll have to admit that this last order of hers seems more like a law school exercise than a request for argument.

There was that post that said her law clerks had quit. Don't know if that's true, but it does seem as if she is now using the case's attorneys as free labor to give her answers to questions that don't apply. I don't think she knows anything about PRA, or the Espionage Act, and she's fumbling her way to a decision based on what the Prosecutors and the Defense are now teaching her. This isn't the way it's supposed to be, and it's fraught with the possibility that her natural tendency to favor Trump is going to be what convinces her decision one way or another.

I trust Jack. It's not his first rodeo. He has a plan. If he's not asking for her to be kicked off the case, there's a reason. If, at the end of this case and Trump gets convicted, and she gives him a pat on the head and tells him to run along, then, can't Jack appeal that decision and ask for a better judgement? Because I think she's not about to give him 20 years, which is what he deserves for this, at least. She doesn't have the guts.

onenote

(46,185 posts)
5. If you think the right thing is for him to ask the 11th Circuit to remove her
Thu Mar 21, 2024, 10:52 AM
Mar 2024

see post 4

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