Special Counsel Seeks to Revive Classified Docs Case

[applegrove]

Special Counsel Seeks to Revive Classified Docs Case

August 26, 2024 at 3:50 pm EDT By Taegan Goddard 6 Comments

https://politicalwire.com/2024/08/26/special-counsel-seeks-to-revive-classified-docs-case/

"SNIP...........

“U.S. prosecutors are seeking to reinstate the criminal case charging Donald Trump with mishandling classified documents and obstruction, arguing a Florida judge was wrong to toss out the indictment this summer,” Bloomberg reports.

“Less than three months before US voters decide if Trump should win a second term as president, Special Counsel Jack Smith’s office on Monday asked an appeals court to reverse US District Judge Aileen Cannon’s July order. Prosecutors say Cannon erred in finding Smith’s appointment was unconstitutional.

............SNIP"

[grumpyduck]

1. I figure this would happen.

Just wondering why it took so long, except maybe researching the hell out of Loose Cannon's decision.

[Irish_Dem]

2. Yes I don't get the dragging their feet strategy.

They have had more than ample time to do research and paperwork.

[SheltieLover]

28. Research & orchestrated timing?

I'm pretty sure SC didn't drop the ball. He seems like a real bulldog.

[Irish_Dem]

35. I thought so too, but I cannot figure out now what the heck he is doing.

Time will tell.

[SheltieLover]

36. Not sure either, but likely a Plan B

because who would ever expect a judge to do what she did?

Another woman with zero self-respect, making excuses for the worst toxic masculinity.

[Irish_Dem]

37. Yes she is probably worse than Smith imagined.

Yes she is bought and sold by Putin and the GOP.

[SheltieLover]

38. Yup. Judge is a real pootin puppet

Sickening!

[Irish_Dem]

39. I think she is hoping to end up on the Supreme Court.

To live a life of luxury taking bribes and doing nothing,

[SheltieLover]

41. OMFG!

What a horrific thought! It's already infested with MAGAts.

[Irish_Dem]

42. She would be the frosting on the GOP cake.

She figures she deserves a big reward for keeping the orange one out of jail.

[SheltieLover]

43. So far...

I wish all the damage tfg did could be reversed, but it never works that way.

[Irish_Dem]

44. It will take time repair some of the damage.

Some of the damage will never be repaired.
People who have died or become disabled because of him.

The damage to our national security is incalculable.

[SheltieLover]

45. And yet the slob walks free

Grrrrr!

[Irish_Dem]

46. Yes living a life of luxury and no consequences for his crimes.

I see nothing about him paying any of the settlements.
It's all crickets.

[SheltieLover]

47. Right!

[Lovie777]

3. 11th Circuit Court...............

totally conservative, covers Alabama, Florida, and Grorgia.

[PortTack]

10. The 11th circuit did hand her a defeat earlier regarding this case.

[Volaris]

19. My guess would be they took the time to make sure she gets overturned, but also

kicked the fuck off this case;...no more pet judge covering dons fat orange ass on this one.

[PortTack]

31. Bingo!

[elias7]

4. Reality Winner - 5 yrs in prison - 1 document

[peppertree]

8. And on the other hand, Reality LOSER is now within an inch of the White House

Being a plutocrat puppet has its perks, I guess.

[elias7]

11. I hope TFG does indeed become the Reality Loser

[orangecrush]

18. THIS

[spanone]

5. K&R

[UTUSN]

6. K&R

[dchill]

7. I guess there's plenty of time!!

[Dem4life1970]

9. "Judge" Cannon is a joke and not a funny one

[hawkeye21]

12. What case?

Trump took stole the documents. The archives told him to return them. He refused. The FBI stopped by and picked them up.

End of story. Guilty as charged.

And remember: In the USA, everyone is equal under the law. LOL

[former9thward]

25. You are forgetting one thing.

He was not charged with stealing the documents. Which complicates the case considerably.

[Bev54]

13. He did not request Cannon's removal, I hope they do so anyway.

[onenote]

32. They won't.

They wouldn't do it on their own motion under their rules and Smith hasn't and won't ask them to do so, also because he wouldn't succeed under the 11th Circuit rules.

[paleotn]

14. Win on appeal. They've already smacked Cannon twice.

It then goes back to the 11th district under a different judge. Mission accomplished in delaying and keeping that narrative off the campaign trail, but ironically, it probably won't matter given the massive shift in the political landscape. Harris wins and it's all for naught. In a just world, Cannon would be stripped of her judgeship and disbarred. I'd settle for her falling into the cracks of anonymity. Judge who? Oh yea. Plum forgot about her. Hasn't she been impeached yet?

[onenote]

33. It doesn't automatically go back to a different judge.

No sure why you think that. When a case is reversed and remanded it not only goes back to the lower court, but it typically is returned to the same judge. That's why the J6 case is back before Judge Chutkan after being reversed by the Supreme Court.

[ancianita]

15. If he wins this appeal, he doesn't have to ask for her removal. The 11th will remove her

when they overturn her rulings three times. That's their rule.

[ShazzieB]

16. 3 strikes and she's out, hey?

Last edited Mon Aug 26, 2024, 07:28 PM - Edit history (1)

I like the sound of that!

[calimary]

17. So do I!

One more, please. Just one more…

[former9thward]

26. There is no such rule.

[onenote]

20. There is no such thing as a three strikes and out rule. I challenge you to cite to such a rule.

Smith hasn't asked for the court to remove Cannon despite some DUers and other legal "experts" being certain he would. He won't not because he doesn't have to, but because he likely would lose any such motion.

[EndlessWire]

22. YOU don't know.

And, you're no expert, either.

[onenote]

29. Actually, I am an expert.

Last edited Tue Aug 27, 2024, 09:12 AM - Edit history (2)

One of the great things about DU is that its members include many people with years of experience and expertise in various areas, including the law.

I have spent over 40 years practicing law, most of it at AmLaw 100 law firms. I have represented clients in cases heard in federal district court, federal circuit courts of appeals, and the United States Supreme Court. Over my decades of practice, I have become familiar with the federal rules of procedure, including the federal rules of appellate procedure. There is no rule to be found anywhere in that body of law that establishes any kind of three strikes rule for replacing a district court judge. Nor, in four decades of practice, have I ever encountered any examples of such a "rule" being applied. The closest I've run across involved cases where an appeals court reversed a lower court, sent the case back to that court, and the judge resisted following the specific mandate of the appeals court. At some point, a judge that refuses to follow an appeals court's mandate can be and might be removed. However, that is not the situation here -- the 11th Circuit's orders reversing two prior Cannon rulings involved different issues and she complied with each of those orders.

On the other hand, you defended a post that unequivocally stated that if she's reversed this time, she automatically will be replaced under a "three strikes" rule -- a rule for which you have not been able -- or even attempted -- to substantiate.

You should desist from defending such information on DU unless you can back it up.

[EndlessWire]

34. An expert who can't read

On the other hand, you unequivocally stated that if she's reversed this time, she automatically will be replaced under a "three strikes" rule -- a rule for which you have not been able -- or even attempted -- to substantiate.

You should desist from posting such information on DU unless you can back it up.

WTF??? Perhaps I didn't try to substantiate something I never said.

[onenote]

40. I've clarified my post.

[ancianita]

23. That's what I've read. Doesn't mean they have to but that they have. Smith didn't ask. Holding his cards close, imo.

somewhere in whitehouse.gov...

(2) There shall be no waiver of disqualification if the basis therefor is either of the following: (A) The judge has a personal bias or prejudice concerning a party. (B) The judge served as an attorney in the matter in controversy, or the judge has been a material witness concerning that matter.

Also...here's where I think I read this ...

Former White House attorney Ty Cobb predicted Wednesday that the 11th Circuit Court could ultimately decide to remove Judge Aileen Cannon from the case involving former President Trump’s mishandling of classified documents at his estate in Florida...

Cobb pushed back on the idea that Cannon’s so-called missteps could be explained simply by inexperience or incompetence, saying, “the evidence of her bias is pretty palpable at this stage of the game.”
“I think the evidence is just too overwhelming,” he later added. “I mean, yes, she may be incompetent, but at this stage of the game, her incompetence is so gross that I think it clearly creates the perception of partiality, and her attempt to put her thumb on the scale. So, I think that should disqualify her.”...

https://thehill.com/homenews/4573686-ty-cobb-says-11th-circuit-may-remove-judge-from-trump-documents-case/

[onenote]

30. Ty Cobb's opinion from last April doesn't mean much in the face of the express rules of the 11th Circuit.

Section 3( h ) ( 3 ) of the Rules of Judicial Conduct of the 11th Circuit, which reflects 28 USC 352 ( b ) ( 1 ) ( A ) ( ii ) expressly states that "cognizable misconduct" that would warrant disqualifying a judge does not include:
(A) an allegation that is directly related to the merits of a decision or procedural ruling. An allegation that calls into question the correctness of a judge’s ruling, including a failure to recuse, without more, is merits-related. If the decision or ruling is alleged to be the result of an improper motive, e.g., a bribe, ex parte contact, racial or ethnic bias, or improper conduct in rendering a decision or ruling, such as personally derogatory remarks irrelevant to the issues, the complaint is not cognizable to the extent that it attacks the merits.
(B) an allegation about delay in rendering a decision or ruling, unless the allegation concerns an improper motive in delaying a particular decision or habitual delay in a significant number of unrelated cases.

The reason that Jack Smith has not sought Cannon's disqualification isn't that he's keeping his powder dry. It's that he knows it would lose since he cannot allege misconduct that falls within the narrow range of "cognizable misconduct" under the 11th Circuit's rules.

[ecstatic]

21. Thank you, Jack.

You're a patriot! Stay strong!

[republianmushroom]

24. Thank you Jack.

43 months and counting (includes foot dragging)

[OAITW r.2.0]

27. The wheels of justice grind on....however slowly.