Smith's patience has expired.

berg80

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Oct 28, 2017
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Special Counsel Jack Smith Is Done With Judge Aileen Cannon And Lets It Show

In a new filing that bluntly confronts U.S. District Judge Aileen Cannon, Special Counsel Jack Smith takes a new tone of incredulousness and disdain for her mishandling of the Mar-a-Lago classified documents case.

The issue at hand is her failure to have yet ruled on Donald Trump’s motion to dismiss based on his inane, unprecedented, and counterfactual reading of the Presidential Records Act. Instead of rejecting the argument out of hand, Cannon not only is entertaining it but ordered the two sides to propose jury instructions based on two different deeply flawed interpretations of the PRA.

That set up an nearly impossible challenge for Smith: How do you draft jury instructions that are so wrong on the law without looking like an idiot, undermining your own case, and pissing of the judge?

The answer: You can’t.

So Smith went all in, no longer trying to placate, educate, or hand-hold Cannon.

Smith ripped her interpretations of the PRA: “both of the Court’s scenarios are fundamentally flawed and any jury instructions that reflect those scenarios would be error.” He said her “legal premise is wrong” and her requested jury instructions “would distort the trial.”

Special Counsel Jack Smith Loses Patience With Judge Aileen Cannon

Not a great idea to antagonize a Trump toady but some things need to be done. She's made it clear she is unqualified to be on this case from the standpoint of experience, an understanding of the law, and a lack of impartiality. Good for Smith that he has called her out.
 
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Trump suffers setback as appeals panel rejects Cannon ruling​


A three-judge appeals court panel has granted the Justice Department’s request to block aspects of U.S. District Court Judge Aileen Cannon’s ruling that delayed a criminal investigation into highly sensitive documents seized from former President Donald Trump’s Mar-a-Lago estate.

The panel ruled that Cannon, a Trump appointee, erred when she temporarily prevented federal prosecutors from using the roughly 100 documents — marked as classified – recovered from Trump’s estate as part of a criminal inquiry.


Either she made the erroneous ruling out of loyalty to Trump or out of stupidity. No matter which it is she's unqualified.
 
Special Counsel Jack Smith Is Done With Judge Aileen Cannon And Lets It Show

In a new filing that bluntly confronts U.S. District Judge Aileen Cannon, Special Counsel Jack Smith takes a new tone of incredulousness and disdain for her mishandling of the Mar-a-Lago classified documents case.

The issue at hand is her failure to have yet ruled on Donald Trump’s motion to dismiss based on his inane, unprecedented, and counterfactual reading of the Presidential Records Act. Instead of rejecting the argument out of hand, Cannon not only is entertaining it but ordered the two sides to propose jury instructions based on two different deeply flawed interpretations of the PRA.

That set up an nearly impossible challenge for Smith: How do you draft jury instructions that are so wrong on the law without looking like an idiot, undermining your own case, and pissing of the judge?

The answer: You can’t.

So Smith went all in, no longer trying to placate, educate, or hand-hold Cannon.

Smith ripped her interpretations of the PRA: “both of the Court’s scenarios are fundamentally flawed and any jury instructions that reflect those scenarios would be error.” He said her “legal premise is wrong” and her requested jury instructions “would distort the trial.”

Special Counsel Jack Smith Loses Patience With Judge Aileen Cannon

Not a great idea to antagonize a Trump toady but some things need to be done. She's made it clear she is unqualified to be on this case from the standpoint of experience, an understanding of the law, and a lack of impartiality. Good for Smith that he has called her out.

She needs to hold him in contempt and toss him off the case.
 

Trump suffers setback as appeals panel rejects Cannon ruling​


A three-judge appeals court panel has granted the Justice Department’s request to block aspects of U.S. District Court Judge Aileen Cannon’s ruling that delayed a criminal investigation into highly sensitive documents seized from former President Donald Trump’s Mar-a-Lago estate.

The panel ruled that Cannon, a Trump appointee, erred when she temporarily prevented federal prosecutors from using the roughly 100 documents — marked as classified – recovered from Trump’s estate as part of a criminal inquiry.


Either she made the erroneous ruling out of loyalty to Trump or out of stupidity. No matter which it is she's unqualified.
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Special Counsel Jack Smith Is Done With Judge Aileen Cannon And Lets It Show

In a new filing that bluntly confronts U.S. District Judge Aileen Cannon, Special Counsel Jack Smith takes a new tone of incredulousness and disdain for her mishandling of the Mar-a-Lago classified documents case.

The issue at hand is her failure to have yet ruled on Donald Trump’s motion to dismiss based on his inane, unprecedented, and counterfactual reading of the Presidential Records Act. Instead of rejecting the argument out of hand, Cannon not only is entertaining it but ordered the two sides to propose jury instructions based on two different deeply flawed interpretations of the PRA.

That set up an nearly impossible challenge for Smith: How do you draft jury instructions that are so wrong on the law without looking like an idiot, undermining your own case, and pissing of the judge?

The answer: You can’t.

So Smith went all in, no longer trying to placate, educate, or hand-hold Cannon.

Smith ripped her interpretations of the PRA: “both of the Court’s scenarios are fundamentally flawed and any jury instructions that reflect those scenarios would be error.” He said her “legal premise is wrong” and her requested jury instructions “would distort the trial.”

Special Counsel Jack Smith Loses Patience With Judge Aileen Cannon

Not a great idea to antagonize a Trump toady but some things need to be done. She's made it clear she is unqualified to be on this case from the standpoint of experience, an understanding of the law, and a lack of impartiality. Good for Smith that he has called her out.
True.

Cannon is clearly a corrupt, partisan, and incompetent jurist – this fact is well documented.
 
In an open display of frustration, federal prosecutors on Tuesday night told the judge overseeing former President Donald J. Trump’s classified documents case that a “fundamentally flawed” order she had issued was causing delays and asked her to quickly resolve a critical dispute about one of Mr. Trump’s defenses — leaving them time to appeal if needed.

The unusual and risky move by the prosecutors, contained in a 24-page filing, signaled their mounting impatience with the judge, Aileen M. Cannon, who has allowed the case to become bogged down in a logjam of unresolved issues and curious procedural requests. It was the most directly prosecutors have confronted Judge Cannon’s legal reasoning and unhurried pace, which have called into question whether a trial will take place before the election in November even though both sides say they could be ready for one by summer.


She's a hack. What else would you expect from a last minute appointment by Trump?
 
An opinion piece on Politico isn't evidence of anything other than your gullibility.
Once again you conflate facts with opinion. Her ruling was overturned by an appeals court with 2 Trump appointees.

The panel ruled that Cannon, a Trump appointee, erred when she temporarily prevented federal prosecutors from using the roughly 100 documents — marked as classified – recovered from Trump’s estate as part of a criminal inquiry.
 
He's getting his eviction notice on 11/05/2024.
It seems increasingly likely that if Judge Cannon rules for Trump on any of these matters, Smith’s team might respond by seeking its first appeal since the indictment in the case was handed up in June. Prosecutors have already shown their frustration with the judge, accusing her in recent court papers of having committed a “clear error” after she initially agreed to let Trump’s lawyers release the witnesses’ names — a move that she quickly put on hold after the government complained.

Pinning your hopes on the election does nothing to undermine the factual case Smith has compiled against Dear Leader.
 
It seems increasingly likely that if Judge Cannon rules for Trump on any of these matters, Smith’s team might respond by seeking its first appeal since the indictment in the case was handed up in June. Prosecutors have already shown their frustration with the judge, accusing her in recent court papers of having committed a “clear error” after she initially agreed to let Trump’s lawyers release the witnesses’ names — a move that she quickly put on hold after the government complained.

Pinning your hopes on the election does nothing to undermine the factual case Smith has compiled against Dear Leader.

Tell us the story of how Trump carjacked the Secret Service on 1/6! That's a great "factual case" of yours.
 
The Court has issued an order (ECF No. 407) directing the parties to file preliminary proposed jury instructions and verdict forms for Counts 1-32 of the Superseding Indictment, with a specific requirement that the parties “engage with [two] competing scenarios and offer alternative draft text that assumes each scenario to be a correct formulation of the law to be issued to the jury.” Both scenarios rest on an unstated and fundamentally flawed legal premise—namely, that the Presidential Records Act (“PRA”), and in particular its distinction between “personal” and“ Presidential” records, see 44 U.S.C. § 2201 (2), (3), determines whether a former President is“[]authorized,” under the Espionage Act, 18 U.S.C. § 793(e), to possess highly classified documents and store them in an unsecure facility, despite contrary rules in Executive Order (“EO”)13526, which governs the possession and storage of classified information.

That legal premise is wrong, and a jury instruction for Section 793 that reflects that premise would distort the trial.

 

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