Trump classified documents case: judge holds hearing on dismissing charges

[babylonsister]

Trump classified documents case: judge holds hearing on dismissing charges
Judge Aileen Cannon to hear arguments in court for the first time since indefinitely postponing trial
Associated Press
Wed 22 May 2024 08.24 EDT
Last modified on Wed 22 May 2024 09.07 EDT


Prosecutors and defense lawyers in the classified documents case against the former president Donald Trump are due in court on Wednesday for the first time since the judge indefinitely postponed the trial earlier this month.

The case, one of four criminal prosecutions against Trump, had been set for trial on 20 May but US district judge Aileen Cannon cited numerous issues she had yet to resolve as a basis for canceling the trial date.

On Wednesday, Cannon was scheduled to hear arguments on a Trump request to dismiss the indictment on grounds that it fails to clearly articulate a crime and instead amounts to “a personal and political attack against President Trump” with a “litany of uncharged grievances both for public and media consumption”.

Prosecutors on special counsel Jack Smith’s team, which brought the case, will argue against that request. Trump is not expected to be present for the hearing.

more...

https://www.theguardian.com/us-news/article/2024/may/22/trump-classified-documents-case-hearing

[Johnny2X2X]

1. Can someone tell me why Jack SMith hasn't

Why has hasn't tried to get Cannon removed from this case? She is obviously compromised and has her thumb on the scale.

[comradebillyboy]

5. Jack's boss at DOJ doesn't want to rock the boat.

He wouldn't want to appear partisan.

[Johnny2X2X]

8. Garland has been a disaster

Worst possible choise Biden could have made. Literally any other candidate and Trump would be in real legal jeopardy right now for the many crimes he's committed against out country.

[ananda]

47. Totally agree!

I keep wondering if he's a ringer.

[republianmushroom]

65. Believe you have nailed it.

[getagrip_already]

20. She really hasnt given him an opening.....

While he could have done it when she was appointed, that was way too early and likely would not have worked.

Since then, she has been careful to not issue any written orders going against Smith that he can appeal.

Most of her orders are minute orders, scheduling orders, or non-sensical, pseudo legal nonesense not on appealable grounds.

If she finally issues an order going against him on cipa, or dismissing the case, then he can appeal and request her recusal.

But under federal rules there are limited grounds a prosecutor can use to appeal a judges orders pre trial. She is being careful not to provide those.

[LastLiberal in PalmSprings]

41. If she waits to dismiss the case until after the jury is seated it would put T***p

in double jeopardy, and he couldn't be tried again. This should have been an open-and-shut case, but -- as always -- TFG has managed to stack the deck in his favor or have amazing luck, with Garland as AG and Cannon chosen at "random" as the judge. He may slither through it unscathed, whereas the rest of us would be in prison by now. "Equal justice under the law" my ass!

It reminds me of SNL's reaction to Clinton's victory over his impeachment: "I . am . invincible! Next time you best bring kryptonite." The only way it could be better for him is if Putin had been appointed the judge. All of the witnesses would be "diving" out of windows in Trump Tower.

[mopinko]

72. ok, i'm not a lawyer, but rly? when the jury is sworn?

i always thought it was after a verdict. any legal eagles care to comment?

[LastLiberal in PalmSprings]

74. I was an attorney, so this might help:

Trial Handbook for Jurors
page 6

THE JURORS’ SOLEMN OATH
After the voir dire is completed, the jurors
selected to try the case will be sworn in. The
judge or the clerk will state to the jury:
“Members of the Jury, you will rise, hold up
your right hands, and be sworn to try this
case.”
The jurors then rise and hold up their
right hands. The jurors face the judge or
the clerk who is to administer the oath.
That official slowly, solemnly, and clearly
repeats the oath. The jurors indicate by their
responses and upraised hands that they take
this solemn oath.
Jurors not wishing to take an oath may
request to affirm instead of swear. In some
districts the jury is sworn upon the Bible and
not by uplifted hand.

After the jury is sworn in, the case follows a specified order of events -- judge's welcome, prosecutor and defendant's arguments, presentation of evidence, more arguments, judge's instructions to the jury, deliberation and decision. There' s a prescribed court decorum, but it was established for the normal reasonable person. When the defendant is a narcissistic sociopath cultist who is leading his party like a mob boss pied piper over a cliff, all bets are off.j

[mopinko]

75. doesnt answer my question.

how can jeopardy attach b4 there is a verdict? or even a trial?
i mean, if there’s a mistrial, there’s no jeopardy.

[Fiendish Thingy]

30. It is difficult for a prosecutor to get a judge removed

And if he fails, things can be much worse for the course of the trial.

Prosecutors have very little power when comes to choosing or removing a judge from a trial.

As corrupt as Cannon is, she is crafty enough to avoid the missteps that could trigger her removal. Her indefinite postponement of setting the trial date is well within her powers, and because it is framed as a simple ruling on scheduling, is probably unappealable by Smith and untouchable by a higher court.

Folks who frame this as a “Garlabd problem” don’t know what they are talking about when it comes to court procedures and the powers of the judiciary branch.

The only clear power Smith has is to drop the charges before jeopardy attaches, with the intent to file a superseding indictment at a later date, possibly in a different venue.

[Mr.WeRP]

45. Canon isn't "crafty"... she is being coached

After she fucked up interjecting in the search warrant fiasco on this case and got slapped hard by the appellate court, someone stepped in to make sure she doesn’t fuck up the sabotage again. My money is on Thomas or Alito.

[IthinkThereforeIAM]

48. Yep, coached by the Federalist Society...

... eom.

[Dark n Stormy Knight]

71. Exactly.

She doesn't seem bright enough to figure out how to do what she's doing to benefit Dolt 45 in so many very strategic ways. Anyway, Alito wouldn't take the chance she might accidently be non partisan about the case.

[wryter2000]

52. Different venue

Isn't it possible to bring charges in New Jersey. We know he was waving classified documents around at the clubhouse of his golf resort there.

[Escurumbele]

50. 99.99% of people in DU most probably have that same question...What is going on?

[DoBW]

56. Aren't you 'sposed to ask that two times?

good question though

[Johonny]

2. WTF

How many people are in jail right now for similar crimes? A lot. This is not a hard case.

[jimfields33]

9. When a request for dismissal is brought forward, you have a hearing.

They did this in the New York trial as well (a few times). I don’t recall any groaning or calls for the judge to step down. This is very routine in all trials.

[Diraven]

10. How many requests for dismissal is this now?

Clearly another delaying tactic.

[jimfields33]

11. Might as well get the hearing in before the Supreme Court decision comes out.

Why not complete hearings now? Would it be a better option after the Supreme Court decision? Maybe I’m not seeing the full picture.

[edhopper]

21. Because

in NY the Judge was not obviously in the tank for TSF.

Her indefinite delay ruling was unprecedented.

[hadEnuf]

31. The judges were not Aileen Cannon.

A known Trump hack.

[Hassin Bin Sober]

54. Did they actually hold hearings for every trump/ny motion to dismiss?

As I remember it, the defense made a motion and the judge is currently reserving judgment.

[OMGWTF]

49. IIRC, Reality Winner spent a year in prison for ONE document.

[jimfields33]

63. The federal government needs to tighten the procedures of classified documents especially at the

Executive level. It was a lot of messiness on many. Heck even a VP took documents. It’s clear they were to easy on the document handling.

[FalloutShelter]

3. WTAF???!!!!

I mean…WTAF???!!!!!

[wryter2000]

53. Trump lawyers file for dismissal all the time

You have to have a hearing to tell them no. Of course, who knows what this judge will do.

[Arne]

4. Biggest act of treason in history of the country

can just be dismissed.

Did I wake up this morning or is this a nightmare?

[Botany]

18. We executed 2 people (the Rosenbergs) and FBI agent (Robert Hansen) died in the Colorado Super Max ....

…. doing 15 life terms for doing what Trump did with our top secret documents. If Cannon dismisses
these cases it will be tragedy.

[Arne]

24. It seems our government doesn't know what's missing

because trump took everything, flushed some, ate some and may have buried some.

[TheRickles]

29. And probably sold some.

[rurallib]

25. for much less than Trump has done.

[Botany]

37. Both the Rosenbergs and Jim Hansen were very dirty.

I have a family member who worked with some of the same top secret “stuff” that Trump
stole ….. our satellites….. and he or she would be arrested right now if that information got out.
We do know that after Trump met with Putin in Helsinki he got a list of our intelligence personnel
and their contacts after which those people started to disappear. The rumor is that Trump turned
that information over to Russia/Vlad Putin.

[coprolite]

39. As a side note

The Rosenbergs were executed within 9 months of being charged and convicted.

[Botany]

46. I used to believe the story that the Rosenbergs were the victims of the right wing but ....

…. in the 1990s Gorbachev opened up the K.G.B. files on them and they were way dirty.
Julius had 2 or 3 Soviet handlers and Ethel was well aware of what Julius was doing.
Why Trump wasn’t arrested right away when the FBI found those documents @ his place
in Florida is tragedy.

[Hugin]

58. Another bit of background... Roy Cohn was on the prosecution for the Rosenbergs.

Yes, THAT Roy Cohn.

"Cohn was born in The Bronx in New York City and educated at Columbia University. He rose to prominence as a U.S. Department of Justice prosecutor at the espionage trial of Julius and Ethel Rosenberg, where he successfully prosecuted the Rosenbergs leading to their execution in 1953. As a prosecuting chief counsel during the McCarthy trials, his reputation deteriorated during the late 1950s to late 1970s after McCarthy's downfall."

From: https://en.wikipedia.org/wiki/Roy_Cohn

[TheRickles]

67. All this and more is covered in a great documentary film, "Where's My Roy Cohn?".

&ab_channel=SonyPicturesClassics|

[CrispyQ]

6. Wasn't the story about finding four more classified docs in Trump's bedroom a recent one?

Or was that another Trump story that happened years ago & we're just hearing about it?

Rule of Law is DEAD.

[jimfields33]

12. The Washington post newspaper!

[Captain Zero]

42. One article said FOUR (4) SETS of classified documents

Not pages SETS OF PAGES.

[Lovie777]

7. I don't see her dismissing the whole case.............................

[BradBo]

13. If she dismisses then anyone can take secret documents home.

[Happy Hoosier]

61. Better, he can appeal the decision....

... and maybe get her removed from the case.

In some ways, her trying this would be a good thing. For that reason, I doubt she will. He main goal is to delay the proceedings until after the election. If Trump wins, his AG orders the charges dismissed, and that's it.

It's unfucking believable that we're here.

[KS Toronado]

14. If Cannon dismisses the case, can it be refiled?

[getagrip_already]

23. Smith could appeal that decision....

And request her recusal.

She knows that.

She will dismiss the motion after issuing a scathing opinion criticizing the prosecution for reasons.

[BlueKota]

28. It's good he can appeal at least.

[getagrip_already]

36. Anything short of jeopardy can be appealed....

Once the jury is empaneled and the trial starts, jeopardy attaches and a dismissal is the same as an aquittal. Charges could not be brought again.

A mistrial could be called, but this judge wouldn't do that.

[Farmer-Rick]

15. Of course she's going to dismiss it

The Supremes have set the standard on how to protect the traitor Trump. She knows the Supremes have her back. And of course Garland would never object.

I wonder if she will force the government to give him back all that blackmail, I mean classified materials?

[BlueKota]

27. Wouldn't doubt it at this point.

If she dismisses it, it will be a very sad and tragic day for what little is left of the rule of law in this country.

[KPN]

16. How about dismiss the frigging judge?!

[CrispyQ]

17. If she dismissed the charges couldn't the DOJ file again? Add the new docs they've discovered? -nt

[machoneman]

19. Can't refile same charges. The new docs yes but only 4 are involved. We lose again!

[CrispyQ]

22. Thanks. -nt

[lastlib]

32. I personally think those four documents are grounds for revoking bail.

Throw his fat orange ass in the hoosegow YESTERDAY! Any reasonable judge would do it, but not this ass-licker.

[Captain Zero]

43. 4 SETS

4 SETS of documents

[Happy Hoosier]

62. I don't believe that's correct.

Jeopardy has not yet attached.

I think if she attempts to dismiss now, Smith can appeal that decision to the 11th.

[Zeitghost]

69. Yes you can

Jeopardy has not yet been attached. Charges can be be refiled if they are dropped at this point.

[malaise]

26. Following with interest

This fucker belongs in prison

[MOMFUDSKI]

33. We have to realize we have no more Rule of

Law. Just who has the most power to effect an outcome. The fix is in at least until the election. And the SC can right whatever needs righting. We can only observe.

[hadEnuf]

34. How long before the American people see through this obvious bullshit and get the torches & pitchforks?

Oh wait, they've got Fox news and the rest of the right-wing propaganda media telling them it really isn't happening or it's all the "libruls faults".

This country is becoming brainwashed just like Germany was in the 1930's.

[duckworth969]

35. Cannon & Chutkan trial schedules

If SC immunity decision gives Chutkan an opportunity to schedule the J6 trial, I believe Cannon will decide at that moment to schedule the espionage case to block out any possibility of a J6 trial prior to the election.

[getagrip_already]

38. Not sure if smith can request a delay or not..

And then appeal it if she refuses. At that point he can claim she is playing games and should be removed.

Dunno. Not a lawyer but sounds possible on the surface.

[Wuddles440]

76. That's an absolute certainty!

Loose Cannon and her 'advisers' have already game planned for this scenario.

[onecaliberal]

40. And just like that.. poof.

[Joinfortmill]

44. She sucks.

[William Seger]

51. "fails to clearly articulate a crime"?!

Denying what TFG did isn't a feasible defense, but I see they're still trying to push the idea that if the President does it, it isn't a crime. And apparently they're still counting on Cannon to agree, which is worrisome, since she just might.

[onecaliberal]

64. She is going to agree to give cover to the Fascist court.

[Ford_Prefect]

55. So Alito has been whispering in her ear?

[H2O Man]

57. Routine.

[PortTack]

59. Makes me sick to my stomach!!

[Martin68]

60. WTF?

[bdamomma]

66. This is a travesty

go to this site now

https://www.dailykos.com/stories/2024/5/12/2240300/-How-to-file-a-judicial-misconduct-form-against-Judge-Aileen-Cannon-from-Glenn-Kirschner

[sakabatou]

68. If TFG's dismissed of charges, there's going to be an uproar

Hell, much more than that.

[dwayneb]

77. I will believe "uproar" when I see it

Americans have been ignoring the clear and present danger to their democracy for decades. Far more interested in playing on the electronic toys and deciding what to order from DoorDash than they are about the reality that unless they start paying attention and engaging in their representation - they will be living under an authoritarian government.

"Uproar"? I doubt it.

[Zeitghost]

70. These threads are good for a laugh

Defendants file motions for dismissal all the time for a whole host of legitimate, illegitimate and just plain crazy reasons. Judges grant a hearing and they hash it out in court.

This is routine and Cannon dismissing it at this point really doesn't help him much as charges can be refiled. If she's going to put her thumb on the scale, this is not the point where she will do it.

This kind of "throw it against the wall and see what sticks" legal strategy is normal and is part of our legal system that is biased towards the defendant (for many good reasons).

Now back your scheduled outrage...

[hatrack]

73. Sure hope she doesn't have to . . . MAKE A DECISION!!!! SCARY!!!!!

[republianmushroom]

78. The puppet judge, watch her dance to his tunes !

Guess who is pulling her strings ?
40 months and counting (includes a lot of foot dragging)