Federal Judge knocks Jack Smith: questions "the legal propriety"

[Oldestyle]

You reference the passage concerning trials. The grand jury is not a trial

"28 U.S.C. former §114 (now §§1393, 1441) provides:


All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district.


The word “prosecutions,” as used in this statute, does not include the finding and return of an indictment. The prevailing practice of impaneling a grand jury for the entire district at a session in some division and of distributing the indictments among the divisions in which the offenses were committed is deemed proper and legal, Salinger v. Loisel, 265 U.S. 224, 237. The court stated that this practice is “attended with real advantages.” The rule is a restatement of existing law and is intended to sanction the continuance of this practice. For this reason, the rule requires that only the trial be held in the division in which the offense was committed and permits other proceedings to be had elsewhere in the same district."

So for a crime that is alleged to have happened in Florida...a prosecutor has no legal basis to convene a Grand Jury in Washington DC. It's not in the district that the crime took place. Any indictment that was brought should be tossed out.

 

[TheProgressivePatriot]

Oh, bullshit! It's obvious what Smith is doing. He's going after someone for crimes that allegedly took place in Florida but he knows the judge there won't allow him to discard things like attorney-client privilege or executive privilege like the judge in Washington DC allowed him to do so he uses a grand jury there instead of Florida. The judge in Florida is 100% correct in challenging him for what he's done. Smith is both jury shopping and judge shopping.

Look silly. If there was any legitimate problem with how the indictment was obtained, it could have and should have been tossed before Trump was arraigned. This issue suddenly raised by the Fla. Judge is an after thought. A shot it in dark. She is inexperienced and sloppy and my guess is that we will not hear any more about it. There is nothing to say that evidence cannot be gathered from multiple jurisdictions, and the fact is that there are people in DC that have evidence such as Trump stonewalling the National Archives and the DOJ and then lying about what he had. All of that was presented to the Fla. Grand Jury and they accepted it. Lastly Attorney Client privilege is void it the communication involved the commission of a crime

 

[Oldestyle]

Look silly. If there was any legitimate problem with how the indictment was obtained, it could have and should have been tossed before Trump was arraigned. This issue suddenly raised by the Fla. Judge is an after thought. A shot it in dark. She is inexperienced and sloppy and my guess is that we will not hear any more about it. There is nothing to say that evidence cannot be gathered from multiple jurisdictions, and the fact is that there are people in DC that have evidence such as Trump stonewalling the National Archives and the DOJ and then lying about what he had. All of that was presented to the Fla. Grand Jury and they accepted it. Lastly Attorney Client privilege is void it the communication involved the commission of a crime

That's exactly what I'm talking about, PP! The DC judge let Smith get away with claiming Trump had committed a "crime" because supposedly he knew that he had lost the election but lied to people about that to foment a rebellion...something that Smith hasn't proven and can't prove! Trump has always believed that the election was stolen. So on what basis was Attorney Client privilege voided? What's obvious is that Smith went through the DC judge because he knew that SHE would give him whatever he wanted because she hates Trump!

 

[TheProgressivePatriot]

"28 U.S.C. former §114 (now §§1393, 1441) provides:


All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district.


The word “prosecutions,” as used in this statute, does not include the finding and return of an indictment. The prevailing practice of impaneling a grand jury for the entire district at a session in some division and of distributing the indictments among the divisions in which the offenses were committed is deemed proper and legal, Salinger v. Loisel, 265 U.S. 224, 237. The court stated that this practice is “attended with real advantages.” The rule is a restatement of existing law and is intended to sanction the continuance of this practice. For this reason, the rule requires that only the trial be held in the division in which the offense was committed and permits other proceedings to be had elsewhere in the same district."

So for a crime that is alleged to have happened in Florida...a prosecutor has no legal basis to convene a Grand Jury in Washington DC. It's not in the district that the crime took place. Any indictment that was brought should be tossed out.

I think that there is room for interpretation. I am confident that Jack Smith is smart enough to not do anything improper. At the same time Cannon is incompetent .We shall see.

 

[Clipper]

What a moron you are.

How is asking why he is using a DC grand jury “revealing” their proceedings?

This should be good.

It's common practice for grand juries in more then one municipality empaneled to invistigate criminal activity by people like Dotard Trump. That judge should know that. If she doesn't she's either incompetent or trying to delay the case for that pile of shit Trump. Considering her history of her having to be straightened out by the Appeals Court last time around, it's more then likely the latter. Keep posting as if you're the south end of a horse looking north, dope.

 

[Oldestyle]

I think that there is room for interpretation. I am confident that Jack Smith is smart enough to not do anything improper. At the same time Cannon is incompetent .We shall see.

He's smart enough to know that an unbiased judge isn't going to shoot holes in the Attorney - Client privilege or Executive Privilege but that a biased judge like Tanya Chutkin is going to let him get away with that. It isn't Cannon that's "incompetent"...it's that she's not corrupt. Chutkin on the other hand is perfectly willing to let Smith bend the rules way past the breaking point because if it helps bring down Trump...she's on board!

 

[Lastamender]

You owe Jack Smith an apology. Write him one, and admit there are others who made the claim in my post.

Why ? One of his decisions was unanimously reversed by the SCOTUS. The one concerning the former governor of Virginia.

 

[Oldestyle]

It's common practice for grand juries in more then one municipality empaneled to invistigate criminal activity by people like Dotard Trump. That judge should know that. If she doesn't she's either incompetent or trying to delay the case for that pile of shit Trump. Considering her history of her having to be straightened out by the Appeals Court last time around, it's mote then likely the latter. Keep posting as if you're the south end of a horse looking north, dope.

It's common practice to have a Grand Jury in a different State empaneled to investigate criminal activity in another State, Clipper? Is that what you're claiming?

 

[Clipper]

It's common practice to have a Grand Jury in a different State empaneled to investigate criminal activity in another State, Clipper? Is that what you're claiming?

Who said that D.C. grand jury is investigating crimes committed by Trump in Florida or anywhere else other then D.C? That judge violated her code of ethics by tipping off Trump & his lawyers that there is a grand jury still investigating him. She should be removed from this case like yesterday & severly remprimanded. Period..She's shown in the past that she's a two bit hack & in the tank for that lowlife who appointed her.

 

[Rye Catcher]

He's smart enough to know that an unbiased judge isn't going to shoot holes in the Attorney - Client privilege or Executive Privilege but that a biased judge like Tanya Chutkin is going to let him get away with that. It isn't Cannon that's "incompetent"...it's that she's not corrupt. Chutkin on the other hand is perfectly willing to let Smith bend the rules way past the breaking point because if it helps bring down Trump...she's on board!

Your biases are bullshit. Trump's lawyers are feeding you, so sad that you can't think for yourself.

 

[Clipper]

He's smart enough to know that an unbiased judge isn't going to shoot holes in the Attorney - Client privilege or Executive Privilege but that a biased judge like Tanya Chutkin is going to let him get away with that. It isn't Cannon that's "incompetent"...it's that she's not corrupt. Chutkin on the other hand is perfectly willing to let Smith bend the rules way past the breaking point because if it helps bring down Trump...she's on board!

If Trump didn't elevate that hack Cannon she'd presiding over cases in traffic court out of Dogpatch Country.

 

[LAUGHatLEFTISTS]

The lesson to be learned here is never question what people are telling you was a sometwhat less than fair election or you could wind up like Trump. Indicted by more than one Federal grand jury.

The lesson to be learned here is leftism is a mental disorder and every single one of you will prove over the next year.

 

[mamooth]

It's common practice to have a Grand Jury in a different State empaneled to investigate criminal activity in another State, Clipper? Is that what you're claiming?

Nobody except you has suggested such a crazy thing. I understand why. You're desperate, so you're deflecting.

It is common and legal for Grand Juries in different areas to share information, if they're working on related cases. And they are working on related cases. It's just common sense, which is why it eludes Trump cultists. There's no point in duplicating work.

 

[MAGA Macho Man]

That judge violated her code of ethics by tipping off Trump & his lawyers that there is a grand jury still investigating him.

You stupid retarded liar. It was Jack Smith, not Judge Cannon, who revealed dubious use of the DC Grand Jury still investigating Trump

. He revealed it in his submitted motion.

Jack Smith motion:

Cannon's order referencing DOJ motion:

Judge Eileen Cannon has no grounds to recuse herself because it was Jack Smith in his filed motion that revealed Trump is still being investigated by a DC GJ. The lying media and leftist pundits who didn't read the motions are spreading this lie like you are.

 

[TheProgressivePatriot]

That's exactly what I'm talking about, PP! The DC judge let Smith get away with claiming Trump had committed a "crime" because supposedly he knew that he had lost the election but lied to people about that to foment a rebellion...something that Smith hasn't proven and can't prove! Trump has always believed that the election was stolen. So on what basis was Attorney Client privilege voided? What's obvious is that Smith went through the DC judge because he knew that SHE would give him whatever he wanted because she hates Trump!

OH well, now it is crystal clear what we are dealing with here. You clearly have no interest in facts and do not pay attention to credible sources of information. A that you are doing is repeating the lies and misinformation being fed to you by Trump and his barn yard of shyster misfit lawyers. Smith is not charging Trump with inciting a riot. He made a clear distinction between speech and behavior and it is Trumps behavior –his attempts to subvert the election and the lawful transfer of power that are the basis for the charges. Whether or not Trump really believed that the election was stolen is irrelevant. Believing that it was does not excuse his criminal intent and guilty knowledge that what he was doing was wrong. If you are to ill informed to know this, or too dishonest to acknowledge it, there is no point in any of this. You’re just a hopeless pathetic, low information MAGAt

 

[busybee01]

In an order filed Monday morning in the classified documents case against President Donald Trump, Florida District Judge Aileen Cannon questioned "the legal propriety" of prosecutors working for Special Counsel Jack Smith to use "an out-of-district grand jury proceeding to continue to investigate." She also struck down the sealed filings of two prosecutors.

"The Special Counsel’s motion for leave to file under seal [ECF No. 95] is DENIED. The Clerk is directed to STRIKE from the docket sealed entries 95 and 96. Waltine Nauta shall file a response to the Motion for a Garcia hearing [ECF No. 97] on or before August 17, 2023. Among other topics as raised in the Motion, the response shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district. The Special Counsel shall respond to that discussion in a Reply in Support of the Motion [ECF No. 97], due on or before August 22, 2023. The remaining Defendants may, but are not required to, file briefs of their own related to the grand jury issue referenced herein, but any such briefs are due by August 17, 2023, and may be submitted in combined or individual fashion," Cannon wrote.

Federal Judge Suggests Grand Jury Abuse in Classified Document Case Against Trump

townhall.com

Comment:
Yea, Jack Smith is a hack lawyer.
He is going to get knocked down over and over again.

Cannon is a crooked Trump judge who already was taken to the woodshed by the Court of Appeals on the Trump documents case. She is heading for a second trip there.

 

[busybee01]

Lot of that going around. They recognized Smith for what he was. An ambulance chaser that sucks a mean dick.

They decidew that it was okay for public officials to engage in corruption. Given the corruption on the current Supreme Court, I can see why.

 

[bigrebnc1775]

Too bad, a fed judge that has tried a total of 14 cases, doesn't know that a Federal grand jury can indict anywhere in the U.S. if it is a felony they are indicting.

Actually you're wrong

 

[bigrebnc1775]

Its Bob Mcdonnell, an it was qui-pro-quo corruption.

FYI smith charged with the wrong crime and twisted it into a crime that never happened.

 

[Care4all]

"28 U.S.C. former §114 (now §§1393, 1441) provides:


All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district.


The word “prosecutions,” as used in this statute, does not include the finding and return of an indictment. The prevailing practice of impaneling a grand jury for the entire district at a session in some division and of distributing the indictments among the divisions in which the offenses were committed is deemed proper and legal, Salinger v. Loisel, 265 U.S. 224, 237. The court stated that this practice is “attended with real advantages.” The rule is a restatement of existing law and is intended to sanction the continuance of this practice. For this reason, the rule requires that only the trial be held in the division in which the offense was committed and permits other proceedings to be had elsewhere in the same district."

So for a crime that is alleged to have happened in Florida...a prosecutor has no legal basis to convene a Grand Jury in Washington DC. It's not in the district that the crime took place. Any indictment that was brought should be tossed out.

The obstruction of justice crimes took place in D.C. as well, thus both grand juries in different states, is standard procedure. Cannon knows not what she is doing....she is very very inexperienced and not up for this complicated, classified document, trial.