@bronakins@Nonilex
BTW, Aileen Cannon is a member of The Federalist Society, the same organization that was instrumental in the current composition of SCOTUS.
@Amoshias its a weird thing in #Florida (see below), but it was actually addressed by prosecution - the #SpecialCounsel's office said #Trump had created a situation w/ his public comments that couldn't wait the weekend to file.
Local Rule 88.9, says both parties must "meet & confer" before filing motions so the court & the parties' time is used efficiently.
JUST IN: Judge #CANNON has denied #JackSmith's gag order request in FL, saying prosecutors' failure to confer with defense before filing it was "wholly lacking in substance and professional courtesy." #TrumpIndictment#documents#legal
Cannon punted, telling both sides to go and talk before coming back with another round of motions on this issue.
👉🏼👉🏼This is not an appealable order. Smith's motion was denied without prejudice. His team will talk to Trump's team, have a "conferral" discussion, then file a new motion with (hopefully) a detailed declaration too.
In an angry court filing, #Trump’s lawyers pushed back hard against the request by the office of the #SpecialCounsel, #JackSmith, to revise Trump’s conditions of release by forbidding him to make any public comments that might endanger federal agents working on the prosecution.
On Fri, Smith’s team requested …a limited #GagOrder on #Trump, prompted by what it called “grossly misleading” social media posts Trump made last wk falsely claiming that the #FBI had been authorized to kill him when agents searched #MarALago….
Trump’s stmnts were based on a recently unsealed order for the search that contained boilerplate language spelling out that the use of deadly force could be used only in case of emergency, a standard provision applied to all FBI searches.
@Nonilex
I'm confused. How is accusing the President of attempted murder "campaign speech?"
If it is, then Biden should start saying TOT murdered over one million people by intentionally suppressing proper countermeasures and monetizing protective devices and respirators.
@Nonilex
Hmmm what are the odds Aileen pours saline all over the paperwork and declares it clean and unenforceable 😼
I give it 50 50.....she might as well be blowing Donald in court.
Might even be his next wife.🤮
Special counsel #JackSmith appears to have suspected additional efforts by #Trump to obstruct the government's investigation of his handling of classified #documents, a newly unsealed court filing revealed Tuesday. #legal#TrumpIndictment
Perhaps there's some overarching legal concept at work here, but I don't see why the DOJ isn't pursuing more documents charges against Trump outside of Cannon's venue. Bedminster was the site where he disclosed the Iranian contingency plans, was it not?
@Nonilex You and I both have known Eileen Cannons: book-smart lawyers successful in academic settings who become utterly overwhelmed by actual law firms and courtrooms and wind up finding relative contentment as research associates somewhere for the same pay as a did paralegal.
But most of those people don't get named to the federal bench with less trial experience than the median 27-year-old assistant county counsel.
JUST IN: In response to a POLITICO petition, the DC Circuit has greenlit the potential release of documents related to the executive privilege fights #JackSmith undertook to force high-level #Trump aides to testify: https://documentcloud.org/documents/24601551-boom
Wild stuff in unsealed (heavily redacted) FBI intrvw from high-level #Trump-wrld person related to #documents investig
Ex: witness afraid to have interview recorded..fear of reprisal...appears 2 b..attempt to leverage Trump fam mmbers to push him to return classif docs
Won't take long to crowdsource IDs of many redacted from these docs. Prty easy to decipher # of them to high degree of cert which spks to why #JackSmith wanted more signif redactions/sealing https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.470.4.pdf
In a passage about how Trump's legal team came together, there's a detail that someone "dressed like" someone/something else in Trump's line of sight until they got hired.
Judge #Cannon retracted her 2/6 order that wd have unsealed identities of ~2 dozen potential govt witnesses or FBI agents. She thereby likely averted having #JackSmith take her to 11th Cir over the issue
Her 24-pg order is defensive, blaming Jack for not having laid out his argumt more clearly earlier. With some basis tho. Jack’s team isn’t flawless. Its failure to meaningfully respond to #Trump’s & Press Coalition’s argumts for unsealing in Jan was baffling #legal
At the same time Cannon’s failure to appreciate the categorical sensitivity of witness identities and statements (so-called Jencks material, protected by statute 18 USC 3500 & Federal Rules) was also baffling.
Judge Aileen Cannon: Champion of the Public’s Right of Access to Court Documents—Containing Names...
Why she may retract—or the Eleventh Circuit may reverse—her Feb. 6 order to unseal the identities of prospective witnesses against Trump in the Mar-a-Lago case.
Jack’s team likely assumed that Cannon, after 7 yrs’ experience in the SD Fla US Atty’s Office, would appreciate those sensitivities. She didn’t.
In fact, her ruling still parades a forest-for-the-trees approach. She looks for mechanical rules—what sort of motion is the doc attached to?—instead of focusing on the doc’s content: fricking witness identities & statements!
Judge Aileen #Cannon has partially granted special counsel #JackSmith's motion to redact the names of government witnesses in the classified #documents case.
But Cannon won't make it easy: Smith will still have to justify to the court each name redaction. #legal#TrumpIndictment#Trump
On the plus side, New York starts in 5 days...you can count it on your toes...
This little piggy filed a frivolous motion...denied.
This little piggy went to the court of appeals...denied
This little piggy begged for a stay...denied
This little piggy violated a gag order...
And this little piggy went wee-wee-wee all the way to jail.
US District Court Judge #AileenCannon agreed Tuesday to end a long-running dispute w/prosecutors over whether government-agent witnesses in #Trump’s #ClassifiedDocuments#criminal#trial should be publicly identified in court filings.
Her order was the 2nd time this month she has criticized #DOJ lawyers while ruling mostly in their favor.
Via Kyle Cheney: 1/.. (oops, I’m posting these in reverse chronological order)
👀 #JackSmith argues that even if the #SCOTUS sharply narrows the obstruction statute in Fischer, #Trump's two obstruction counts are still valid because it would apply to the "creation" of false documents (a.k.a. elector certificates. #legal
Smith files his opening brief at the Supreme Court re: presidential immunity. The crux: Criminal law includes a million safeguards and due process protections that render Trump's claims about politically motivated prosecutions meritless.
I really hope the justices have enough self respect to listen to Smith's arguments on their merits and don't just sell out to Trump like many fear they will.
"And the notion that predicted defiance of the Commander- in-Chief ’s orders is the backstop against criminal behavior by a President is not what the Constitution provides for."
Kyle Cheney:
JUST IN: Long list of retired generals has sided with #JackSmith on the argument of presidential immunity, filing a brief with #SCOTUS #legal#Trump
Latest SCOTUS brief supporting Jack Smith comes from former govenrment officials, including Trump's former WH lawyer Ty Cobb and former US Attorney/special counsel Patrick Fitzgerald.
re. the quote. It's an important point. Yes, officers technically have the responsibility to deny an unConstitutional order. But there are 3 major points to be made. 1) It's an individual, possibly existential, decision. Ergo, extremely difficult to make, given the risk. 2) The President has resources that make that action he contemplates replicatable thru many other channels. It'll probably get done, anyway 3) It's largely untested, in the public record. Oh, except maybe MacArthur...and I don't think that counts.
From MSNBC legal correspondent Lisa Rubin on this new Judge Cannon ruling: "You might see the special counsel's office taking this order as the basis for seeking that writ of mandamus about Judge Cannon and perhaps seeking her recusal here because for the 1st time in such sharp language she is really showing a bias or a prejudice against them."