The point: if #Cannon wants to tank the case for #Trump, there are a ton of ways she can do it other than the PRA (many of which can come during trial). She knows this. #JackSmith knows this. He needs to get her off the case to avoid all this, but will have to wait and pick the best time. That time is not now.
Emptywheel:
If I'm Jack Smith (I'm not ), I wait until she forces the witness ID.
I respectfully disagree with Neal for one reason: I think Smith has to try to exclude the PRA defense first through a motion in limine.
If Cannon denies that route, then you seek mandamus relief.
Neal Katyal:
Cannon rejected Trump's bogus Pres Records Act defense,only for now. Has (weirdly & pointedly) refused to decide issue, despite Smith's warning double jeopardy wd then apply. I think Smith has no choice but to go to 11th Cir on mandamus..tough standard, but met here.
@GottaLaff I've been saying for a while that's the thing she's probably aiming to do -- get enough through the trial and then just issue an acquittal rather than a dismissal.
Tues night, prosecutors told Judge #AileenCannon who is overseeing Trump’s #ClassifiedDocuments case that a “fundamentally flawed” order she had issued was causing #delays & asked her to quickly resolve a critical dispute about one of #Trump’s defenses — leaving them time to appeal if needed.
The unusual & risky move by the prosecutors…signaled their mounting impatience w/ #AileenCannon, who has allowed the case to become bogged down in…unresolved issues & curious procedural requests. It was the most directly prosecutors have confronted Judge Cannon’s #legalreasoning & unhurried pace, which have called into question whether a #trial will take place before the #election in Nov even though both sides say they could be ready by summer.
In their filing, prosecutors in #SpecialCounsel, #JackSmith’s office, all but begged Judge #AileenCannon to move the case along & make a binding decision about one of #Trump’s most brazen claims: that he cannot be prosecuted for having taken home a trove of #NationalSecurity docs after leaving office bc he transformed them into his own personal property under…the PRA.
“#Trump attends critical hearing: Trump is in court as the federal judge presiding over the classified #documents case against him and his two co-defendants is hearing arguments this morning on motions focused on dismissing the charges brought by special counsel #JackSmith.” #legal
Trump argues that as a fmr president he has #immunity, & that the case is politically motivated, while #SpecialCounsel#JackSmith …has some choice language for those claims: “woefully short of the requirements … no evidence whatsoever … frivolous … so lacking in merit … no support in constitutional text, separation of powers principles, history, or logic.”
In #Georgia, we’re expecting a decision from Judge Scott #McAfee on whether DA #FaniWillis should be disqualified from her #Trump case because of a romantic relationship w/the lawyer she hired to oversee it. By McAfee’s own self-imposed deadline, that decision should come this week.
We’re also waiting to see if #Trump can put together a #bond for >$450 million to cover a #civil#fraud judgment against him & his namesake company. He faces a March 25 deadline to figure out the financing for the mammoth penalty. Last week, Trump secured a $91 million bond to cover the #EJeanCarroll#defamation & #SexualAssault judgment against him.
Says Trump's claim to possess DOE security clearance after leaving office is incorrect.
Prosecutors got lots of warrants on Walt Nauta..say Nauta brought Trump boxes to review, but Trump cut off review after lking at 15 boxes & ordered only those shipped to NARA, even though there were another 70-80 left in storage #legal
@GottaLaff Trump grasping at straws. Only thing he should be entitled to is a lifetime reservation at Leavenworth. And without hair dye or spray tan. Oh yeah, a healthier diet to make his stay at Club Fed equal to his sentence.
Jack Smith agued today that Trump's handling of classified docs was significantly more egregious than: Joe Biden, Hillary and Bill Clinton, Mike Pence, James Comey, David Petraeus, Sandy Berger, John Deutch and Deborah Birx.
Aside from hour improper this is and the likelihood that it'll work, if the appointment thing works, then Hunter Biden's far better appointment claim gets fast-tracked.
Hugo Lowell:
New: Judge #Cannon in #Trump classified #documents case accepts two amicus briefs filed by Trump-adjacent lawyers that “may be of considerable help” re Trump motions to dismiss — ominous for Special Counsel. 1st says NARA referral flawed and 2nd says #JackSmith improperly appointed. #legal
Today, in the Mar-a-Lago records case, two lawyers from the Special Counsel's team just entered notices of appearance. One argued the gag order at the DC Circuit; the other argued the immunity appeal at that court.
To folks watching for when and if the Special Counsel's office will appeal a Cannon order, this could be a sign that they are gearing up for one. . . .
Update from Ft. Pierce: Judge #Cannon did not set a trial date for the classified documents case during the morning session of the scheduling conference.
But she told prosecutors for the special counsel that their proposed July trial date is “unrealistic.”
Here’s the big news, though: The special counsel’s office explicitly took the position that what’s known as the “60-day rule”—a policy in which the Justice Department avoids taking investigative steps close to an election—does NOT APPLY to cases that have already been charged.
In other words: The special counsel doesn’t think the “60-day” policy would preclude a potential Trump trial in the run-up to the November election.
@GottaLaff that’s what I heard Merrick Garland say several weeks ago, so I’m very very happy to hear it said in court. #OLCNullAndVoid after charges are brought.
Yeah, same here. He is not hesitant and he is fearless. And he nags away at her. Sweet. He really is inspiring and gives us a bit of hope that he outsmarts her.
SCOTUS accelerated President Nixon's resignation with its decision in US. v. Nixon - which it took on direct appeal from the district court.
SCOTUS is delaying President Trump's trial after rejecting Jack Smith's certiorari petition directly from the district court, requiring an appellate decision, sitting on the stay for 2 weeks and then deciding to hear the case in 2 months.
Judge #Cannon's ruling is correct & obvious & avoids her getting reversed for 3rd time by the 11th Cir. Predict she will also reverse herself on full disclosure of witness names/statements (for same reason). Many more motions for her to decide...
Yeah, I don't recall exactly but she's nitpicking and asking for standard stuff that would normally be practically a given to examine for weeks and weeks and weeks....
This is where the justice system really sucks. She should be removed for blatant partisanship.
JUST IN: #JackSmith cites the Hur Report to argue that #Trump's handling of classified #documents was significantly more aggravated/willful than Joe Biden's.