Judge Cannon has blown it.

[jc456]

No.
The prosecution has as much right to have their case heard without interference from the judge as the defendant does.

explain what you mean here? Prosecution submits their case and it's their burden to show a crime. They need evidence to do that. In our courts, one needs to provide evidence. The judge is there to assure compliance to law by both Prosecution and defense teams. That's all.

 

[WorldWatcher]

for what? He declassified all of the documents. Did you miss that one?

https://www.courtlistener.com/docket/67490070/united-states-v-trump/

I may have.

Where has he told the court he declassified the documents?

Here is a link to all the filings in the case. In which one did he notify the court that during his time in Office he declassified all the documents found retrieved via a Federal search warrant from MAL?

Last I knew he's only said it to the cultists outside of court.

WW

 

[jc456]

https://www.courtlistener.com/docket/67490070/united-states-v-trump/

I may have.

Where has he told the court he declassified the documents?

Here is a link to all the filings in the case. In which one did he notify the court that during his time in Office he declassified all the documents found retrieved via a Federal search warrant from MAL?

Last I knew he's only said it to the cultists outside of court.

WW

When his team submits their case it may come up in trial, but Trump had stated prior to the election interference by creepy joe, he declassified his documents. I believe it was the FBI he actually told.

 

[Rumpole]

When will you present one?

Sorry, your comment is a cop out,

and cop outs are not arguments, either.

 

[Rumpole]

‘Cause he’s a fuck up?

That's not an answer. Please answer the question on how Jack Smith 'fucked up on the law'. In other words, how did he, or in what way did he get it wrong on the law? Please enlighten us. I'm just curious. Seriously, I doubt you even know and you are, of course, blowing smoke.

Right?

I thought so.

Cheers,
Rumpole.

 

[WorldWatcher]

When his team submits their case it may come up in trial, but Trump had stated prior to the election interference by creepy joe, he declassified his documents. I believe it was the FBI he actually told.

Nothing in the court documents have been submitted by the defense.

Nothing in the court documents indicted he made the claim under oath to the FBI either.

Also, it will have to come up before trial under what is known as reciprocal discovery. The defense team has to submit witness lists and evidence they plan on introducing during trial.

So yes please, make the claim in court. Would love it.

WW

 

[Rumpole]

That’s what the OP was suggesting smith would do

A "motion in limine" is a pretrial motion that seeks the exclusion of specific evidence or arguments from being presented during a trial. A motion in limine is decided by the judge outside of the presence of thejury.

Okay, I see what you are asking, (in the future, you should be more complete in your question, because you didn't mention the MIL in your last comment, you made an assumption about 'evidence', well an MIL doesn't have to necessarily be about evidence) the MIL (in this circumstance) would be merely a cautionary step, because one shouldn't petition to the 11th circuit for a writ of mandamus until ALL options have been exhausted. Some argue the MIL is unnecessary because she has already made clear she isn't going to correct the issue of her bogus jury instruction, or admit she made a mistake, and the MIL would be one more attempt to achieve what he already tried to do before in his response to her unusual order for a jury instruction that was out of bounds as a matter of law.

Some legal analysts in the media claim he should do it anyway, to play it safe with the circuit court judges. The MIL would be another attempt to get her to get to exclude the PRA in the jury instruction and apply the law correctly, which she clearly did not (and that she didn't, is amazing), since it is irrelevant to the case. If she fails to respond to the MIL or still continues with her nonsense, he'd then have all the ammunition he would need for the mandamus.

 

[Hutch Starskey]

for what? He declassified all of the documents. Did you miss that one?

Where has trump claimed such in any court filing?

 

[Rumpole]

When his team submits their case it may come up in trial, but Trump had stated prior to the election interference by creepy joe, he declassified his documents. I believe it was the FBI he actually told.

Moot point. The charge of espionage does not depend on any classification regime. If found guilty, DNI damage assessments will probably be considered at sentencing. (See, Trump could conceivably declassify something the classifying source [or the DNI] deems as damaging to US national security. The piont is, 'declassification', per se, does not necessarily get the prez out of legal jeopardy, particularly because declassification, even if he could prove it, which he cant, but even if he could, the NDI docs still belong to the gov and thus the espionage charge has not been cured).

 

[Hutch Starskey]

explain what you mean here? Prosecution submits their case and it's their burden to show a crime. They need evidence to do that. In our courts, one needs to provide evidence. The judge is there to assure compliance to law by both Prosecution and defense teams. That's all.

The fact that you would ask this so far into the thread that has explained this repeatedly shows that you should not be engaged. Read the thread and get up to speed and stop the drive by posting.

 

[Rumpole]

Ok, you’re a legal mind, apparently, why would smith file a motion to exclude evidence?

See #327

 

[Hutch Starskey]

https://www.courtlistener.com/docket/67490070/united-states-v-trump/

I may have.

Where has he told the court he declassified the documents?

Here is a link to all the filings in the case. In which one did he notify the court that during his time in Office he declassified all the documents found retrieved via a Federal search warrant from MAL?

Last I knew he's only said it to the cultists outside of court.

WW

If Trump had declassified them and could prove it, he wouldn’t have been charged. Since he hasn’t gotten himself off the hook yet by proving it, it’s most likely he did not declassify anything.

 

[Hutch Starskey]

When his team submits their case it may come up in trial, but Trump had stated prior to the election interference by creepy joe, he declassified his documents. I believe it was the FBI he actually told.

Why pay all these legal fees if he could simply prove that everything in his possession had been declassified? Because he can’t.

 

[Rumpole]

If Trump had declassified them and could prove it, he wouldn’t have been charged. Since he hasn’t gotten himself off the hook yet by proving it, it’s most likely he did not declassify anything.

That's not correct: The charge of espionage does not depend on any classification regime. If found guilty, DNI damage assessments will probably be considered at sentencing. (See, Trump could conceivably declassify something the classifying source [or the DNI] deems as damaging to US national security. The point is, 'declassification', per se, does not necessarily get the prez out of legal jeopardy, particularly because declassification, even if he could prove it, which he can't, but even if he could, the NDI docs still belong to the gov and thus the espionage charge has not been cured, not to mention there was at least one nuke doc, which, per the ETA, he does NOT have any unilateral declassification authority. That doc will get you 5 years in prison for possession).

 

[WorldWatcher]

Why pay all these legal fees if he could simply prove that everything in his possession had been declassified? Because he can’t.

If he had declassified them prior to leaving office.

He could have challenged the Federal Subpoena calling for the return of classified documents in his possession.

But he didn't he admitted the documents remained classified at the time by complying (in part) with the subpoena.

[ Kicker is, if he'd returned all the classified documents by complying with the subpoena, there wouldn't have been the need for the search warrant and no criminal charges filed. ]

WW

 

[jc456]

Sorry, your comment is a cop out,

and cop outs are not arguments, either.

throwing a tantrum isn't an argument. Now what?

 

[jc456]

Where has trump claimed such in any court filing?

is it over?

 

[jc456]

Why pay all these legal fees if he could simply prove that everything in his possession had been declassified? Because he can’t.

again, there is no law to violate.

 

[jc456]

Nothing in the court documents have been submitted by the defense.

Nothing in the court documents indicted he made the claim under oath to the FBI either.

Also, it will have to come up before trial under what is known as reciprocal discovery. The defense team has to submit witness lists and evidence they plan on introducing during trial.

So yes please, make the claim in court. Would love it.

WW

go to 5:44 of the video.

Watch Sunday Morning: Top secret: Keeping documents classified - Full show on CBS

Government documents that are classified as confidential, secret or top secret constitute information that would cause damage to the country's security if it were revealed. CBS News national security correspondent David Martin looks at the inner workings of America's classification apparatus –...

www.cbs.com

 

[Rigby5]

Most of you on the right probably haven't figured this out, judging from some of your comments which clearly indicate you do not understand the forces that are in play, i.e.,, what the actual dynamics are, (it's way in Smith's favor, FYI) because they right wing echo chamber isn't telling you, but Judge Cannon fucked up on the law, royally. Jack will file a motion in limine, and if she ignores it, he'll have grounds for a petition for writ of mandamus, and he'll either get the 11th circuit to straighten her out on the law (which she has turned on it's head), or get her ass off the case. She's bitten off far more than she can chew.

Let's see if I'm right. We'll know in a day or two. One thing is certain, Jack's not going to let the last 2 page order where she wrote 'unprecedented and unjust', he's not going to let that slide.

This is really an interesting case, particularly because we have an extremely wet behind the ears judge handling a case who is in way way way over her head. But, that's the system, whoever is next on the rotation, regardless of experience matching, is the one assigned, and she got it. Clearly, the system is ripe for reform.

Wrong.
The only thing judge Cannon has done wrong is not disbar Jack Smith.
The laws are clear, presidents have absolute arbitrary authority over all classified docs.
They can give permanent copies to anyone they want, including themselves.
The are NOT at all covered by the Presidential Records Act, which only covers unique and singular items, like signed treaties. It does NOT cover copies of docs used for weekly cabinet briefings, like Trump legally had.

Regardless of the merits of each case, clearly 91 charges without any victims, is intentionally "piling on" to deliberately abuse the upcoming elections. That truly is insurrection, and Jack Smith is guilty of treason.