BlindBoo
Diamond Member
- Sep 28, 2010
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The filing does not personally attack the judge. Unlike Benedict Donald's unhinged rambling statements to the press and in campaign statements.They are similar in two ways:
1. Cannon and the anti-Trump judges are receiving threats, which may be associated with the words Trump and Smith are putting out.
2. Both have a perfect legal right to put out the words they are saying, Trump because his words are protected political speech, and Smith because he fulfilling his role of prosecutor, however unfairly and incompetently.
For example.....
The Government must have the opportunity to consider appellate review well before jeopardy attaches. See, e.g., United States v.Wexler, 31 F.3d 117, 129 (3d Cir. 1994) (“[T]he adoption of a clearly erroneous jury instruction that entails a high probability of failure of a prosecution—a failure the government could not then seek to remedy by appeal or otherwise—constitutes the kind of extraordinary situation in which we are empowered to issue the writ of mandamus.”); In re United States, 397 F.3d 274, 283 (5thCir. 2005) (courts “have permitted the Government to obtain writs of mandamus when a proposed criminal jury instruction clearly violated the law, risked prejudicing the Government at trial with jeopardy attached, and provided the Government no other avenue of appeal”); United States v.Pabon-Cruz, 391 F.3d 86, 91-92 (2d Cir. 2004) (similar).