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ancianita

(43,334 posts)
5. To file an appeal to the 11th Circuit; Smith knows Cannon can and will make a SUBSTANTIVE pre-trial ruling mistake.
Thu Feb 8, 2024, 10:25 AM
Feb 2024

Jack Smith is waiting for Cannon to make a substantive ruling mistake before he files an appeal to the 11th Circuit.
Why has she not made a substantive ruling under CIPA yet, is the question.

Based on her being previously overruled and admonished by the 11th Circuit on previous substantive rulings,
Cannon has acted as if her job has been to not make substantive orders -- by holding a lot of 'pre-hearings' on CIPA -- so that her actions can't be appealed. She's delaying for her own benefit as much as for Trump's.

Jack Smith will move on her when she falters.

ancianita

(43,334 posts)
9. Happy to.
Thu Feb 8, 2024, 11:56 AM
Feb 2024
Which is why, imo, Popok gives an excellent summary of the Garland (pre-smith) DOJ work, and what's now going on with the Special Counsel team re Cannon.

What gets me is this: That whole new news about how the FBI f'd it up is pretty damned suspect, too. But I wouldn't point to Garland, but the remnant group of rw trumper lawyers in the DOJ that he hadn't seen and removed.

ancianita

(43,334 posts)
6. Possibly she's conferring with other judges of this circuit court. Possible she's reading up on how to make
Thu Feb 8, 2024, 10:26 AM
Feb 2024

a solid substantive ruling, and then make one that helps Trump.

 

jaxexpat

(7,794 posts)
3. This is a too long video. In fact, they should rename their network "Too-Long Video Corp".
Thu Feb 8, 2024, 08:27 AM
Feb 2024

However, they did illuminate their take on the whole of the cases playing out against Trump.

1. Jack Smith's case in Mara-Lago is simple and the evidence is pretty much "open and shut".
2. Trump's judge must reach a tipping point before she will be removed by the 11th Circuit, they are loath to remove their peers.
3. The "Ivy League Tower aspect of American justice" at these levels actually stands in the way of efficient processing.
4. None of the cases against Trump are likely, by a margin of over 65%, to come to trial before November.

My biggest beef with them is that I had copywritten, back in 2021, the "Ivy League Tower aspect of American justice" and received not a single acknowledgement or mention. Okay......I didn't copywrite it but I invented it..........Told then by "wiser and more sophisticated folks" people with lots of personal knowledge of the judicial process" how wrong I was at the time............still resent that, I guess...........no matter, after all, even a saint is never acknowledged to be so by the fellows of his/her birthplace.

ancianita

(43,334 posts)
7. This is THE best summary of what's happened before & during the FL documents federal case being prosecuted by Jack Smith
Thu Feb 8, 2024, 10:35 AM
Feb 2024

Jack Smith is waiting for Cannon to make a **substantive ruling** mistake before he files an appeal to the 11th Circuit.
Based on her being previously overruled and admonished by the 11th Circuit, she has acted as if her job has been to not make substantive orders -- by holding a lot of 'pre-hearings' on CIPA -- so that her actions can't be appealed.

Smith has filed a response on trump lawyers' motion to compel: "... of approximately 48,000 guests that visited Mar-a-Lago between Jan 2021 and May 2022 (the GARLAND DOJ, before the appointment of Jack Smith) while classified documents were at the property, only 2,200 had their names checked, and only 2,900 passed through magnometers...."

... To help Cannon out, Smith says in his latest sealed court motion that there are only three questions that the jury will have to answer

-- whether Trump willfully retained documents of highly sensitive national defense information:
-- did he and his 2 co-defendants conspire to obstruct the government's inquiry into the records and
-- whether they made false statements to the FBI

If so, the jury will vote Trump guilty of

18 U.S.C. § 793(e)
18 u.s.c. § 1512(k)
18 U.S.C. § 1512(b)(2)(A)
18 U.S.C. § 1512(c)(l)
18 u.s.c. § 1519
18 U.S.C. § l00l(a)(l)
18 U.S.C. § 1001(a)(2)
18 u.s.c. § 2
https://www.courtlistener.com/docket/67490069/3/united-states-v-trump/

There's still no substantive Cannon ruling on the Special Counsel's pre-trial motion.

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