Jack Smith preparing legal kill shot for Aileen Cannon in Trump documents case, experts say

[erronis]

https://www.nj.com/politics/2024/05/jack-smith-preparing-legal-kill-shot-for-aileen-cannon-in-trump-documents-case-experts-say.html

It seems that Jack Smith has been strategizing very wisely. Love to see AJC given her third strike and probably her chance at the SCOTUS.

When former President Trump falsely claimed in a fundraising email on Wednesday that President Biden was “locked & loaded and ready to take me out,” special counsel Jack Smith moved swiftly.

Smith on Friday asked federal judge Aileen Cannon for a gag order, insisting that Trump’s reckless comments not only could spur violence against the FBI, but also violated Trump’s terms of release after his indictment.

Trump is charged with taking classified national defense documents from the White House after he left office and resisting the government’s attempts to retrieve the materials.

Legal experts say Smith is trying to box in Cannon — who has slow-walked the case and protected Trump from a trial before the November election.

Smith likely believes Cannon will deny the gag order, in which case Smith will petition the 11th U.S. Circuit Court of Appeals to have her removed from the case, legal experts predicted.

In two previous instances in the case, Cannon has been rebuked by the 11th Circuit, and experts believe this could be strike three. Former White House attorney Ty Cobb has predicted previously that the 11th Circuit “will likely take her off the case” eventually.

[Fiendish Thingy]

1. Hopefully true, but ultimately irrelevant

Cannon will have completed her mission to delay the trial past the election, and will still have her lifetime appointment.

[wryter2000]

3. If he doesn't get elected, the case remains after the election

If there ever is a trial, he will be convicted. There's too much evidence for an acquittal.

I'm horribly disappointed it didn't get tried on time for the election, but it's only a matter of time before he is. Unless he dies of natural causes before then. At least, then he'll shut up.

[Katinfl]

4. Natural causes?

Do you really think we could be so lucky? I have been praying for “natural causes” for a long time. He has to go……I no longer care how.

[AZ8theist]

9. THIS

[calimary]

16. Yep. Same here.

[ChazInAz]

52. I would not be surprised

If one of his own more deranged followers did something crazy for some incomprehensible reason.

[Prof. Toru Tanaka]

64. Both of his parents lived into their nineties.

Hopefully his diet, lack of exercise, and oncoming dementia could hasten things.

[SoFlaBro]

22. "Natural causes". I fucking pray that Cora Nary shows up and does the most beautiful thing she has ever done to shitbag.

[birdographer]

27. From your post

to... well, anyone who can help's ear.

[jmbar2]

28. If he does die, they won't be able to accept that it was natural causes

[Dulcinea]

39. He can kick off the day after Election Day.

The shock of losing another election may just do the trick.

[Cha]

2. Good Luck For Democracy! TY

[Warpy]

5. I'll believe he's capable of removing that corrupt sack of shit from the case

when it happens, not before. That piss poor excuse for a judge should never have been allowed near anything to do with her Lard and Savior.

[iluvtennis]

57. Well stated! n/t

[KS Toronado]

6. Wish we could throw the Heritage Foundation into the dustbin of History

because of all the partisan Judges they have gotten on our courts. But that would probably mean catching
them doing something illegal and that's unlikely with so many of them being lawyers.

[ChazInAz]

53. There IS hope.

After all, the John Birch Society is no longer the force it once was.
The thought still warms the cockles of my heart.
If my cockles get too warm, I just rub them with dry ice.

[KS Toronado]

55. True, there is always hope.

[SWBTATTReg]

7. As a judge, when compared to other judges I read about, Cannon has been in La La Land, coming up with very

partisan rulings (IMHO). Jack S. has been an icon of patience and steadfast in his approach in pursuing the case against tRUMP. And to be honest, I think that there's more to the case against tRUMP than has been let on. I keep hearing rumors of tRUMP sold some of the secrets that he squirreled away, and I still haven't seen the DOJ / Garland do anything in this area. I suppose that they're waiting for the shoe (or shoes) to drop eventually.

[PortTack]

8. One can hope!

[PlutosHeart]

10. Is there a time frame for response?

Otherwise I see her ignoring it until next year or beyond. Not kidding.

[newdayneeded]

54. Not before the election, if he gets

in this will be shut down the next morning. Then by the afternoon the workaround will be presented in congress to end presidential term limits. (Using the Supreme Court to declare it unconstitutional)

[Martin68]

11. Jack is the man for the job. He has fried bigger fish than Dump. Cannon is obviously in way over her head.

She's trading the chance for good career asa judge for the possibility of a gift from Dump.

[erronis]

12. As has been noted earlier, she is a judge for life. A gift from drump is worth its weight in poop.

Well, I guess the drump-appointed justices like poop.

[Martin68]

15. She's not a judge for life is she's impeached. That won't happen while the GOP controls the House, but

that could change

"Article III federal judges are appointed to life terms while serving "during good Behaviour," as stated in Section 1 of Article III of the United States Constitution. Though it does not expressly state in the Constitution that judges may be impeached and removed from office, they fall under the label of "Civil Officers" in Article II, Section 4.[1] That says:

“The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Impeachable offenses
The United States Senate has removed judges from office for substantial questionable conduct, even if no crime was committed. For example, Judge Robert Wodrow Archbald was impeached and removed from office for improper business relationships with litigants. One reason for this may be the life tenure bestowed upon federal judges and the Congress' place in upholding the good behavior of judges.[4]

https://ballotpedia.org/Impeachment_of_federal_judges

[erronis]

18. Thanks. And a non-(R)epublicon controlled Senate.

So much of our democracy hinges on these tipping points - House, Senate, Electoral College. Not enough on the popular vote/will. And good game players will know how to do the right "nudges".

[Mr.Bill]

24. The House can impeach,

but a conviction requires 67 votes in the Senate. That won't happen anytime in the near future.

[Martin68]

41. Yes, it isn't possible at this point in time. But "lifelong" appointments are conditional.

[Thunderbeast]

34. Find 66 honest senators, and anything can happen!

[GB_RN]

17. I Would Say....

She’s selling her reputation for a shot at a promotion. If, the universe forbid, Cantaloupe Caligula were to win the election, she’s probably hoping that he would reward her with an upgrade to the 11th Circuit, or…ugh…even worse…the SCOTUS, to replace either (In)Justice Clarence “Uncle Slappy” Thomas (Q-Clown), or Scammy Alito (Q-Corrupt AF).

[Joinfortmill]

21. Cantaloupe Caligula. ROFL

[FakeNoose]

25. Chump is not going to win, so she's throwing her career away to kiss his butt

She could have acted honorably and stayed on the bench in West Palm Beach, but no ....!

I'll be so happy when these corrupt MAGA judges are no longer a topic of discussion on DU.

[GB_RN]

31. You And Me Both.

N/T

[kiri]

66. She wants the Federalist billionaire connections

I am sure she aspires to the RICH gifts that Clarence and Alito are getting.

[jaxexpat]

29. Jack came late to the party. That's not on him. But it's not a good thing.

In any case, he has not had the best setup to prosecute TFG that could be had. Most of that is on Republicans who have made this judicial process into a political spectacle. To some extent, the DOJ has fallen into step with this effort by Republicans. This is mostly because they're both, defense and prosecution, following the same legal code and procedures.

What is not happening is the conviction, in court, of TFG for real crimes against the government and society at large. That conviction, if it comes at all, will be in January 2025 when Joe Biden resumes the presidency and Trump is out in the cold to face a few more years of notoriety as his cases slowwalk through the system.

Yep, it looks like 4 years is just not long enough for the DOJ to do a pretty simple, open and shut mission. From this observer's POV, there must have been some pretty hefty pro-Trump influence in the DOJ from the beginning. Let's say, November, Biden wins and yea America. There's still a treasonous bastard roaming around with who-knows-how-much valuable national security info who wouldn't hesitate to extort the executive into whatever conditions he deems suitable to keep his ass out of prison. There is no legal way to stop him.

[malaise]

13. Make it so

Rec

[Kid Berwyn]

65. A selection from Charles Mingus may be in order...

[aggiesal]

14. I'll believe it when I see it. ...

I believe Cannon is being coached by Leo Leonard and/or Koch organizations, on how to handle each of Smiths requests, to take advantage of the judge's ability to stall as much as possible, but still remain on the bench for this case.

[dalton99a]

20. +1

[erronis]

23. Of course she is. Just like the SCOTUS appointees.

Some may be fairly intelligent and could make decisions without needing guidance.

But the overarching framework established by the Federalists and other extreme RW organizations requires their puppets to perform according to script. With $billions to spend and lots of legal and AI help, these groups can react to new developments faster than Gary Kasparov could to Deep Blue.

[Mike Niendorff]

43. If this is the case (and I agree that it almost certainly is) ...

... then there WILL be an evidentiary trail (phone calls, emails, witnesses, meetings with go-betweens -- and all of this on BOTH sides of the relationship). All it takes is a willingness for the DOJ to investigate and start issuing subpoenas. Judges don't have criminal immunity any more than presidents do, and conspiracy to assist in violations of the Espionage Act is a serious, serious matter. If I were Judge Cannon, I'd be thinking long and hard about this.


MDN

[aggiesal]

51. Unfortunately, Pendejo45's administration & his congressional supporters has treated ...

subpoena's like it was 🧻, and ignored them at will.
Until the DOJ, starts throwing people in jail for ignoring them, this will go nowhere.

[Joinfortmill]

19. Now would be good. Repeated deliberate

misuse of her authority

[GreenWave]

30. What's to stop her from farting around eleventy seven more months on his gag order request?

[doc03]

32. I heard he could have her removed from the case a year or more ago, she isn't going anywhere IMO. nt

[onenote]

36. Don't know who you heard that from, but whoever it was, they were wrong.

Smith isn't going to try to have Cannon removed. Never was, never will. For a very simple reason. She hasn't done anything that the 11th Circuit would deem so outrageous as to warrant her removal.

[Mike Niendorff]

44. Nobody believes this ...

... and certainly not Cannon herself. That's why she's literally conducted the entire case through "paperless orders", in a transparent attempt to evade appellate review. A judge playing by the rules would never conduct a case this way, and everybody get that (including the appellate court, which has already overruled her twice and formally threw her and her "special master" off the preceding case).


MDN

[ThoughtCriminal]

33. While the trail delay helps him legally, it can still be used against him politically

The charges still hang over him. And voters who are not in the cult can see what's going on with a Trump appointed trial judge.

I also think that Trump's claim of "Absolute Immunity" in the DC case also carries a political price that can be exploited. "Trump believes that he is above the law", is a short, simple message.

[onenote]

35. I predict the "legal experts" predicting Smith will petition to have Cannon removed are wrong.

I'm pretty confident of my prediction.

[czarjak]

38. Shit-Canning Cannon shoulda happened already.

The last two Republican scum Presidents were I-L-L-E-G-I-T-I-M-A-T-E. Period. Hence, any nominees and or decisions are null and void, legitimately?

[DallasNE]

40. Smith Did Not Ask For A Gag Order

He asked for something more serious. He asked that the terms for his release be modified. While what Smith asked for would act like a gag order, it is more serious with greater consequences for violating it. And Smith can appeal to the 11th Circuit what Cannon rules if it is not to Smith's liking. Trump shot himself in the foot with his mouth, giving Smith the upper hand.

[intrepidity]

42. Is she required to rule on the motion in a time frame?

Or can she just sit on it? What recourse does Smith have then?

[DallasNE]

47. Yes, Smith gave Cannon 30 Days To Respond

And Smith can (would) appeal to the 11th Circuit should she not meet the deadline.

[padah513]

50. Thanks I wondered about that. Thought the silly rabbit might keep playing her tricks

[Rebl2]

59. Is 11th circuit

in FL or GA?

[FBaggins]

60. Both (and AL)

The building is in Atlanta, GA - but appellate panels could meet in any of nine districts (North/South/Middle in each of the three states)

[Rebl2]

61. Thanks

[FBaggins]

62. Smith has no ability to set a deadline for a federal court

Nor do I see such a request in the motion.

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.581.0.pdf

[DallasNE]

69. You Try To Help Someone Out And People Get All Technical On You

Some people are concerned that this filing will be ignored by Cannon, just like so many of the earlier filings by Smith. Those other filings are on hold pending the Supreme Court decision on whether Trump has absolute immunity as a former President. This does not get shut down by that process and my understanding is that the filing carries an automatic 30-day time limit for a response from Cannon, per an attorney writing in response to the filing. Sorry, I did not save the article for attribution. Indeed, I have no way to really fact-check what someone else, claiming to be an attorney, writes but logically it makes sense.

[FBaggins]

70. That wasn't "helping out"

Your understanding was incorrect. Both “time limit” and “deadline” imply that the prosecution controls things and the court has an obligation to “reply”

In reality - the defense might have an obligation to reply (usually ten days to two weeks, but it can vary). The judge doesn’t have a deadline (as evidenced by the fact that she has a bunch of motions older than that which are still pending)

Prosecution is supposed to confer with defense team prior to the motion (sometimes they’re unopposed and the motion should lay that out). In this case, the defense claims that this step did not properly occur… so it would be easy for her to give more than 14 days to respond. The motion is also usually attached to a motion hearing date that prosecution would get from the court clerk… usually six or more weeks after the motion. “30 days” is long gone by that point.

Put far more simply is my original point. Prosecutors don’t give judges deadlines.

[onenote]

73. There is no "30 day" response requirement.

Hard to believe any attorney, with any level of federal trial court experience, would claim there is.
As pointed out by another poster, Smith did not demand a decision within a set period of days and did not threaten to go to the appeals court if one is not rendered within a set period of time. Which you would expect him to do if there was such a requirement.

What Smith could do, if the motion isn't acted upon, is seek a write of mandamus from the 11th Circuit directing the district court to act -- but not whether to grant or deny -- just to act. Mandamus is an extraordinary remedy and appellate courts generally are reluctant to grant it without a very compelling case. Would they find this to be a compelling case if the district court doesn't act in 30 days? Hard to say.

[triron]

68. Please cite this.

[Mike Niendorff]

45. Agreed.

It's 100% notable that Smith asked for a modification of Trump's terms of release, rather than a gag order.

A petition for "modification of terms of release" allows for immediate appellate review if Cannon denies it. That's not an accidental choice.


MDN

[BoRaGard]

46. repube judge Cannon is likely feeding her face with burgers and chips

over the long weekend, meanwhile doing shit to protect America from the republican traitors
while the dangerous and deceptive republican liar-clown farts around for profit
with The Vital Secrets of America's National Defense, and stirs ShitPots of Grievance.

She is slow-walking these requested and urgently necessary changes to the Terms of Release order.
Letting the danger to the nation FESTER.

This is a disgraceful dereliction of duty.

[oldsoftie]

48. More wishful thinking. Been hearing it for months now.

This case goes nowhere before the election.
Our best hope is for trumps dementia to accelerate dramatically in the next 5 months. And for him to pick a horrible kiss-ass for VP. Hopefully he doesnt pick Haley.

[dembotoz]

49. does a kill shot taken after trump is elected make a sound

[jalan48]

56. I think we're getting close to, It's Mueller time!, again.

[Rebl2]

58. Take her off the case eventually

Hope it’s sooner than later 😐

[Baitball Blogger]

63. I want to believe. I want to believe.

Wake me up when it happens.

[gulliver]

67. Recusal should be automatic for cases in which the person who appointed you is a party

What a gaping hole in our judicial system this is.

[shrike3]

71. I'll believe it when I see it. n/t

[Kid Berwyn]

72. Trump is a dangerous traitor.

Plain as day.

The fact Cannon supports him through her actions show what side she supports.

From the OP:

Former prosecutor Andrew Weissman, who led the Mueller investigation into Trump, tweeted: “Smart move by Smith as Judge Cannon won’t be likely to grant the gag order, will show her patent bias, and Smith can then appeal to the 11th Circuit.”

https://www.nj.com/politics/2024/05/jack-smith-preparing-legal-kill-shot-for-aileen-cannon-in-trump-documents-case-experts-say.html

[republianmushroom]

74. How many times have we seen these experts spouting this ?

She is still the judge.