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In reply to the discussion: Trump classified documents case: judge holds hearing on dismissing charges [View all]Fiendish Thingy
(23,643 posts)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 dont 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.