Smith's patience has expired.

[Oddball]

 

[Lakhota]

BREAKING: Special Counsel Jack Smith takes the gloves off and goes after shady MAGA Judge Aileen Cannon, ripping into her for her "fundamentally flawed" understanding of the case and orders that have "no basis in law or fact."

But it gets even better...

In his strongest words to date, Smith wrote in court filings that Cannon — who was appointed by Trump when he was president — doesn't appear to understand the classified documents case.

Smith and his team criticized Cannon's absurd request for them to prepare jury instructions that take into consideration Trump's false claim that he had the authority to take the classified documents. They have said that they will seek assistance from an appeals court if Cannon reifies Trump's baseless claims.

Last month, Cannon made the highly unusual request that attorneys prepare two versions of possible jury instructions, including the aforementioned one which would assume that Trump had total authority to take any documents he wanted from the White House.

"Both scenarios rest on an unstated and fundamentally flawed legal premise — namely, that the Presidential Records Act and in particular its distinction between ‘personal’ and ‘Presidential’ records, determines whether a former President is ‘authorized,’ under the Espionage Act, to possess highly classified documents and store them in an unsecure facility," wrote Smith's team.

Smith stated that Cannon is pursuing a "fundamentally flawed legal premise" because the PRA does not override Section 793 of the Espionage Act that Trump is accused of violating.

"That legal premise is wrong, and a jury instruction for Section 793 that reflects that premise would distort the trial," wrote Smith wrote, adding that The Presidential Records Act "should not play any role at trial at all."

Crucially, the prosecutors pointed out that the PRA doesn't apply in any case, because Trump took the documents AFTER he left the presidency.

The fact that Judge Cannon has not yet been replaced in this case is an insult to our judicial system. She was appointed by Trump, this is the definition of a conflict of interest.



tribel.app.link/okwPIHYCIqb

 

[berg80]

Count the justice system among the institutions Trump wants you to lose faith in. Even as he has done what he can to bring that result about by corrupting it with hack appointments like Cannon.

 

[Doc7505]

lantern2814

An exaggerated lie, naturally.

And that doest diminish his stellar, international career.

Nobody takes the opinions of the cult seriously, sorry.

~~~~~~
Aux Contraire:

‘No white knight’: Jack Smith’s record rife with mistrials, overturned convictions, judicial rebukes

Special counsel Jack Smith, who has brought federal charges against former President Donald Trump, is an “overzealous” prosecutor who relies on ethically dubious tactics, including media leaks and enticing witnesses, say those who have been caught in his snare.

www.washingtontimes.com

**********​

Jack Smith's Long History of Failed Prosecution Cases Against Republicans

townhall.com

 

[Mac1958]

Special Counsel Jack Smith Is Done With Judge Aileen Cannon And Lets It Show

Once again, this damaged orange child is taking us to places we just don't need to be.

Everyone -- and I do mean everyone -- knows that Trump is merely engaging in his standard delay tactic to hold this stuff off to the election. Cannon is clearly in his corner, delaying the best she can.

I have to wonder what this syndicate is planning in case he loses. Obviously they would claim it was rigged, but I'm getting the feeling there's more in store. They have to protect this guy, and I suspect they'll go to any length to do so.

 

[j-mac]

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.

Frustrated Prosecutors Ask Trump Documents Judge to Act on Key Claim

The push for a quick decision on one of the former president’s most far-fetched claims is an unusual and risky move in a case Judge Aileen Cannon has allowed to become bogged down.

www.nytimes.com

She's a hack. What else would you expect from a last minute appointment by Trump?

So, Smith channels his inner Trump eh? Maybe HE should be gagged like Trump.

 

[j-mac]

Once again, this damaged orange child is taking us to places we just don't need to be.

Everyone -- and I do mean everyone -- knows that Trump is merely engaging in his standard delay tactic to hold this stuff off to the election. Cannon is clearly in his corner, delaying the best she can.

I have to wonder what this syndicate is planning in case he loses. Obviously they would claim it was rigged, but I'm getting the feeling there's more in store. They have to protect this guy, and I suspect they'll go to any length to do so.

What a hack comment…Clearly when dems loose this ridiculous nonsense election interference battle, they’ll be gnashing of teeth, and maybe some garment rending….And once again Mac, you’ll be right there with them, telling us how independent you are….lol

 

[Harry Dresden]

Stupid post. If she is partisan, she is partisan. That's a statement of fact.

Second, she is a federal judge. Jones is a message board poster

See if you can spot the difference.

aww are you jones protector this week?...how cute....

 

[SeaMajor7]

Once again, this damaged orange child is taking us to places we just don't need to be.

Everyone -- and I do mean everyone -- knows that Trump is merely engaging in his standard delay tactic to hold this stuff off to the election. Cannon is clearly in his corner, delaying the best she can.

I have to wonder what this syndicate is planning in case he loses. Obviously they would claim it was rigged, but I'm getting the feeling there's more in store. They have to protect this guy, and I suspect they'll go to any length to do so.

It is the LAWFARE from YOU, the demented LEFT, that are taking our country where it should NEVER be.
All you demented avenger subverted demoralized zombie Stalinist Marxist Leninist ASSHOLES offer is CHAOS for your normalization of CRAP!!!

 

[Lisa558]

There are so many cases being thrown at Trump in the hope that a jury will convict him of at least one charge, on one of the cases, so they call call him a convicted felon and ignorant voters will fall for it.

So please remind me:

Is this particular case the one that charges Biden with knowingly retaining classified documents dating back to his Senate days, storing them unsecured in numerous locations, and sharing the content with his ghostwriter?

 

[berg80]

~~~~~~
Aux Contraire:

‘No white knight’: Jack Smith’s record rife with mistrials, overturned convictions, judicial rebukes

Special counsel Jack Smith, who has brought federal charges against former President Donald Trump, is an “overzealous” prosecutor who relies on ethically dubious tactics, including media leaks and enticing witnesses, say those who have been caught in his snare.

www.washingtontimes.com

**********​

Jack Smith's Long History of Failed Prosecution Cases Against Republicans

townhall.com

Ah yes, when all else fails rely on good old fashion character assassination. However, in a court of law, it's all just meaningless tripe.

The PRA that Trump keeps citing, the one signed in to law by Jimmy Carter years after Nixon tried to take hundreds of presidential records with him to CA, says the EXACT OPPOSITE of what Don claims it says.

 

[berg80]

There are so many cases being thrown at Trump

Well, not really thrown at him. He finds himself having been indicted in multiple jurisdictions for multiple crimes because multiple grand juries examined the evidence and voted to indict him. That is what the rule of law looks like in America in case you've forgotten.

 

[SeaMajor7]

Ah yes, when all else fails rely on good old fashion character assassination. However, in a court of law, it's all just meaningless tripe.

The PRA that Trump keeps citing, the one signed in to law by Jimmy Carter years after Nixon tried to take hundreds of presidential records with him to CA, says the EXACT OPPOSITE of what Don claims it says.

Accusations of "character assassination" coming from the demented LEFT?????
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHABAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAAAAAAAAAAAAAAAA

Stalinberg80 is now a fucking PSYCHOPATH COMEDIAN!!!!

 

[berg80]

So, Smith channels his inner Trump eh? Maybe HE should be gagged like Trump.

Furthermore, even though resolution of the threshold legal question is purely a matter of law, the Court should be aware at the outset that Trump’s entire effort to rely on the PRA is not based on any facts. It is a post hoc justification that was concocted more than a year after he left the White House, and his invocation in this Court of the PRA is not grounded in any decision he actually made during his presidency to designate as personal any of the records charged in the Superseding Indictment. Accordingly, before turning to the jury instructions, the Government below provides the Court with the factual context surrounding Trump’s attempt to inject the PRA into these proceedings. Importantly, Trump has never represented to this Court that he in fact designated the classified documents as personal. He made no such claim in his motion to dismiss, in his reply, or at the hearing on March 14, 2024, despite every opportunity and every incentive to do so. As discussed below, the reason is simple: he never did so. Instead, he has attempted to fashion out of whole cloth a legal presumption that would operate untethered to any facts—without regard to his actual decisions, his actual intent, the unambiguous definition of what constitutes personal records under the PRA, or the plainly non-personal content of the highly classified documents that he retained. There is no basis in law or fact for that legal presumption, and the Court should reject Trump’s effort to invent one as a vehicle to inject the PRA into this case.

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.428.0_1.pdf

How could he be channeling his inner Trump when never in his life has Trump ever relied on a knowledge of the pertinent statutes.

 

[Care4all]

She better put a gag order on Smith quickly, especially if she ever gets death threats.

Oh, shit! She already has, thanks to Smith's inflamatory rhetoric!

https://www.reuters.com/legal/government/texas-woman-pleads-guilty-threats-against-judge-trump-case-2023-11-10/

Smith has not said a thing, other than in written legal court documents.

You can't get him on a gag order, since he's not talking..

try again!

Ah yes, when all else fails rely on good old fashion character assassination. However, in a court of law, it's all just meaningless tripe.

The PRA that Trump keeps citing, the one signed in to law by Jimmy Carter years after Nixon tried to take hundreds of presidential records with him to CA, says the EXACT OPPOSITE of what Don claims it says.

On top of that the PRA is Civil Law....and as said, not related to this case

Trump is charged with CRIMINAL acts and being tried in a Court of Law for CRIMINAL acts....not any Civil Offenses that would involve the PRA...

 

[Lisa558]

Well, not really thrown at him. He finds himself having been indicted in multiple jurisdictions for multiple crimes because multiple grand juries examined the evidence and voted to indict him. That is what the rule of law looks like in America in case you've forgotten.

Nope, that’s what election interference looks like.

 

[Blaster]

Smith has mental issues and has been treated for depression.

 

[berg80]

Nope, that’s what election interference looks like.

Actually, this is what election interference looks like.

 

[Lesh]

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

SHE needs to be removed

 

[Care4all]

SHE needs to be removed

I agree! She also has had several hearings, some going back to January, where she STILL has not ruled on ANY of them! That's what you call purposely slow walking....to help Trump!