Smith's patience has expired.

However by raising it now, it becomes a pre-trial issue because the Judge issued an order for jury instruction inputs and due to the erroneous interpretation of the law, she has opened herself up for an interlockery appeal and the 11th Circuit baring the action.
Until Cannon rules on the jury instructions, Smith has no grounds for an appeal. That's Smith ace in the hole, getting her to rule so he can go whine to the 11th.

The PRA decision is an option for Trump defense to pursue at trial.

FYI- Katie Phang is a legal correspondent and contributor on NBC and MSNBC





 
Until Cannon rules on the jury instructions, Smith has no grounds for an appeal.
Which she now has to do to move forward. She painted herself into that corner.

Now she has to throw up her hands and embarrass herself and say "just kidding!", or stick by her laughable instructions and get dragged before the appeals court.
 
He never lost his clearance after he left the White House until he was indicted. So he can’t be guilty of unauthorized possession of classified documents. You would have to try to get him under the presidential records act, which is not even a criminal statute.

Even if it were in the soul case, that is a precedent, the court ruled that a president is the sole authority on what is personal and what is not, as he leaves office.

So now, after arguing that Smith was right to say that the presidential records act had nothing to do with Trump’s case. Now you say, the presidential records act was what he violated.

Espionage does not depend on any classification regime. During sentencing, (if found guilty) DNI damage assessments will be factored in and classifications will be an asterisk to the espionage violation. Therefore, having clearance does not give you the right to defy the law and obstruct the government's effort to have the NDI (including nuke) documents returned, which is what he did which constituted 'aggravated circumstances' and his subsequent indictment under espionage charges. We have testimony, video tape, that he ordered his staff to hide documents from his lawyers during the time hie promised their return, be kept a bunch of them, obstructing the government's efforts for their return. On top of this, he went on TV, a number of times and declared he had total authority over the documents, without regard to the law which requires coordination with NARA.

"Aggravated circumstances'.

Such were not present in Reagan, Biden, nor Pence, but were present
with Trump.

Capiche?
 
And you have zero law to support that position.. Because of the action of your cult we are in totally unchartered territory.
What are you talking about?
Law? FACT: Espionage does not depend on any classification regime. During sentencing, (if found guilty) DNI damage assessments will be factored in and classifications will be an asterisk to the espionage violation. Therefore, having clearance does not give you the right to defy the law and obstruct the government's effort to have the NDI (including nuke) documents returned, which is what he did which constituted 'aggravated circumstances' and his subsequent indictment under espionage charges. We have testimony, video tape, that he ordered his staff to hide documents from his lawyers during the time hie promised their return, be kept a bunch of them, obstructing the government's efforts for their return. On top of this, he went on TV, a number of times and declared he had total authority over the documents, without regard to the law which requires coordination with NARA.

"Aggravated circumstances'.

Such were not present in Reagan, Biden, nor Pence, but were present
with Trump.

Capiche?
 
What are you talking about?
Law? FACT: Espionage does not depend on any classification regime. During sentencing, (if found guilty) DNI damage assessments will be factored in and classifications will be an asterisk to the espionage violation. Therefore, having clearance does not give you the right to defy the law and obstruct the government's effort to have the NDI (including nuke) documents returned, which is what he did which constituted 'aggravated circumstances' and his subsequent indictment under espionage charges. We have testimony, video tape, that he ordered his staff to hide documents from his lawyers during the time hie promised their return, be kept a bunch of them, obstructing the government's efforts for their return. On top of this, he went on TV, a number of times and declared he had total authority over the documents, without regard to the law which requires coordination with NARA.

"Aggravated circumstances'.

Such were not present in Reagan, Biden, nor Pence, but were present
with Trump.

Capiche?
False!
 
Vacuous declaration.

non substantive retorts are not valid arguments.

Please find a real argument. I.e, state your case, give a path of reasoning, give examples, links, etc., which buttress your claim.

But arguments that do not rise above 'you're wrong' are not arguments.
 
Espionage does not depend on any classification regime. During sentencing, (if found guilty) DNI damage assessments will be factored in
Your cult did that assessment over two years ago. Does it give you a clue that they haven't released the results of their assessment? Just a little one?
and classifications will be an asterisk to the espionage violation. Therefore, having clearance does not give you the right to defy the law and obstruct the government's effort to have the NDI (including nuke) documents returned, which is what he did which constituted 'aggravated circumstances' and his subsequent indictment under espionage charges. We have testimony, video tape, that he ordered his staff to hide documents from his lawyers during the time hie promised their return, be kept a bunch of them, obstructing the government's efforts for their return. On top of this, he went on TV, a number of times and declared he had total authority over the documents, without regard to the law which requires coordination with NARA.

"Aggravated circumstances'.

Such were not present in Reagan, Biden, nor Pence, but were present
with Trump.

Capiche?
And your senile cult leader hid his caches of classified docs. More docs than Trump had. But the cult leader's DOJ gives him a pass. You doin't think that will be issue at trial?

How about the fact that the National Archive told Trump to go fuck himself when he asked for help with his WH documents.

You've got stugotz.
 
Which she now has to do to move forward. She painted herself into that corner.

Now she has to throw up her hands and embarrass herself and say "just kidding!", or stick by her laughable instructions and get dragged before the appeals court.
Why is Smith beside himself with his hands tied? He has nothing to appeal until she finalizes the jury instructions.

Notably, Judge Cannon takes a shot at Special Counsel Jack Smith in this opinion. She writes that the request for her to make a ruling on the jury instructions "prior to trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence" is "unprecedent and unjust."
 
LOL So this whole nonsense of fucking the President over the Presidential Records act has nothing to do with the Presidential Records Act LOL

FPOTUS#45 is the one injecting the Presidential Records Act, he's not charged under that act - it's civil law.

He's charged under the Espionage Act which is criminal law.

WW
 
LOL What is Comrade Smith appealing?

Nothing right now.

IIRC he's appealed two actions of Judge Cannon and won at the 11th Circuit both times. Depending on how Judge Cannon proceeds will see if there is another future pre-trial appeal.

WW
 
The fringe legal theory is whether Trump can declare government documents to be personal documents when they’re clearly not.

At least you admit his claim of having declassified documents is not to be assumed fact. If it were assumed to be a fact merely by his claiming so, the charge would be dismissed.

Even if the jury accepts he declassified the documents, he still has to face the charges of obstruction and witness tampering.
Except again. There was no obstruction and no tampering.
And I’ll tell you that you have a double standard. You attack people for doing what you are doing.
No. I don’t. You’re projecting again.
 
Nothing right now.

IIRC he's appealed two actions of Judge Cannon and won at the 11th Circuit both times. Depending on how Judge Cannon proceeds will see if there is another future pre-trial appeal.

WW
She will proceed in her nefarious instructions. The only other option is for her to retract them and then to tacitly admit she made an egregious error. I don't see that happening.
 
Which she now has to do to move forward. She painted herself into that corner.

Now she has to throw up her hands and embarrass herself and say "just kidding!", or stick by her laughable instructions and get dragged before the appeals court.
She has at least 12 pending motions to decide on.
This could take a while, not even counting the many appeals from both sides.
 
She has at least 12 pending motions to decide on.
This could take a while, not even counting the many appeals from both sides.
Of course. She creates delays like other people breathe. Everyone knows why, at this point.
 

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