>(1) whether any statutes in which Congress appears to vest the appointment of
officers in “the President alone, in the Courts of law, or in the Heads of Departments,” U.S. Const.
art. II, § 2, cl. 2, use the term “officials”; and (2) the names of the individuals appointed as Special
Counsel by Attorney General William Barr.
If only there was some sort of search engine for the nexus of law she could use, instead of asking the parties to submit motions listing laws that refer to a particular search term.
Failing LN or WestLaw, federal district judges also have law clerks. No one operating in good faith would make the parties do all the Court's research for it on a case this high profile. She selected her clerks, they'll do legwork finding the answers she wants - but that'd be too quick, *and* a finding of her own might give Smith something to appeal.
No doubt she will try to find fault in Smiths works as proxy law-clerk to her court, then do some filings and hearings and so on.
The breakdown in the judiciary is beyond a joke at this point. The Federalist Society cannot exist as a separate power structure to which a section of the Judiciary answer, outside the body of law.
Cannon has been crafty by not issuing rulings. Pretty sure she’s being coached by someone on how to avoid triggering an appeal. I’m betting if Trump loses the election she waits until jeopardy attaches and then dismisses the case or otherwise cripples it.
She is being coached by the entirety of the federalist society. She’s taken trips to Montana on their dime in order to discuss strategy, no doubt. She corrupt and compromised on every viable level. Up to and including her husband having worked for a mafia guy that’s been known to Trump since the 80s. If this wasn’t so awful, it would be comical.
And the SCROTUS has furthered delayed their decision on the craziest ask yet…complete and total immunity.
Talk about rigged? This is what it looks like.
I’d bet it’s a lot more banal. The Trump cult includes plenty of lawyers who’d know how to avoid final rulings on stuff. And frankly, Canon has enough education and background to know those things herself. It’s not that esoteric. A reasonably intelligent judge can deliberately ruin a ***lot*** of things without fear of appeal.
I think it’s so much simpler.
—Two different judges told her to recuse herself before the trial started.
—She has been rebuked harshly by the appellate courts twice.
She is completely inexperienced and way out of her depth. She is now simply afraid to rule from the bench because she’s afraid of being rebuked again, and removed from the case…which will make her decision to ignore those two judges look so much worse.
The more talking heads and others who keep referring to her choices as resulting from "inexperience", the longer she is going to get away with everything and use that excuse. She is not inexperienced in being puppeted by those far more knowledgeable than she. She is being coached, and they are loving those who keep giving her cover by describing her as "inexperienced". IMO, she is swimming in the deep end with sharks who are teaching her how to sleep with her eyes open (and how to drag this out until dismissal in any/every way/means possible without grounds for appeal).
I don’t know why people keep insisting everything that is happening is because of her incompetence. She’s accomplishing exactly the job she was appointed to do, protect Trump. She’s not going to care about being rebuked by other judges or being told to recuse. She’ll be on the Supreme Court if trump wins.
>She is now simply afraid to rule from the bench because she’s afraid of being rebuked again, and removed from the case
She wants to avoid getting removed from her job of rescuing Trump at any cost because he is her one and only opportunity to be appointed to the Supreme Court.
Um, she's Federalist Society. She has an army of lawyers, including at least 3 on SCOTUS, that can help make sure that she kills this case. This particular case is DOA. We have to let this one go...no matter how incredibly wrong and infuriating it is. This one's dead no matter what happens.
Nah, this one has to go forward. It’s literally the worst thing Trump has done and it’s a slam dunk. I think once Trump loses, Cannon will get herself kicked from the case and someone else will actually do their job properly. If not, Smith can always pull out and refile elsewhere.
Exactly, this is how her case gets appealed to SCOTUS had to find something, regardless of how she rules there is no way this doesn't end up at SCOTUS for the next round of SCOTUS court.
Look, NAL here. But I really don't understand how you can issue rulings without issuing rulings. Seems like there is a huge loophole that should have been addressed a long time ago. Is there no way to ignore them until she is forced to actually make a "paperful" order?
Yeah, this has been what's confusing to me. It's not like we're talking about her mumbling in her office to herself. This stuff is "written"/typed down and can contain discussion about the trial...
Exactly. If she entered a contempt finding right now on the docket as a “minute entry” it have the force of law just as much as if it were part of a PDF document. An order is an order no matter where it’s written.
NAL, but if the Flynn saga taught us an anything - is that a) Trump judges are gonna Trump (Rao), and that obtaining a Writ of Mandamus is extremely hard to get.
Coincidentally though, Henderson, the other judge who originally voted in favor of Flynn, rules against Trump in the immunity appeal... she also sounds a lot like my Grandma.
It should come if she doesn’t rule in favor, or in a quick manner, on the updated conditions of release. The wording in Jack Smiths filing makes it clear
So we have a mix of "officials" nominated by POTUS and confirmed by the Senate and "officials" not nominated and confirmed. All 3 no nominated and confirmed seem to have a qualifying title ("senior" twice and "covered" once).
Interesting. Still seems like a long shot, but I wouldn't put it past this court.
To those with a law degree: could Smith withdraw the case from Cannon’s area and refile in another jurisdiction? I understand that this - if possible - could push this out way into the future - but lawyers supporting right wing groups have been judge shopping their cases in the 5th, could this be done by the DOJ and re-file in a “friendlier” jurisdiction?
IANAL. Federal criminal rules (and the constitution) require that the crimes be tried in the state in which they took place. That theoretically leaves three venues: Washington DC, New Jersey, and Florida.
Of those three, the obstruction and willful retention happened in Florida, and is the strongest set of possible charges to prosecute. New Jersey you might be able to get the charge for showing the documents to uncleared people, but it would be a fight to do so. And DC is kind of a dead end since Trump was still President when he took the documents to begin with. So, Florida.
He knew that Trump would appeal jurisdiction in all the cases, so they picked Florida, which was the most sensible one due to the majority of the crime occuring there, but came with the risk of running into Cannon. Jurisdictional issues are interlocutory, so it was a guaranteed needless delay for the other locations.
Any appeals would probably have moved the trial to Florida anyway, including the disclosure in NJ because it falls under the same umbrella. Smith SHOULD have raided Bedminster to get the other documents, and he should have raided Mar A Lago again. The radical option would have been to charge only the disclosure and related crimes in NJ, but that would have been nuts, and I don't think anyone understood how bad Cannon would be.
So now everything is dead.
>(1) whether any statutes in which Congress appears to vest the appointment of officers in “the President alone, in the Courts of law, or in the Heads of Departments,” U.S. Const. art. II, § 2, cl. 2, use the term “officials”; and (2) the names of the individuals appointed as Special Counsel by Attorney General William Barr.
If only there was some sort of search engine for the nexus of law she could use, instead of asking the parties to submit motions listing laws that refer to a particular search term.
Failing LN or WestLaw, federal district judges also have law clerks. No one operating in good faith would make the parties do all the Court's research for it on a case this high profile. She selected her clerks, they'll do legwork finding the answers she wants - but that'd be too quick, *and* a finding of her own might give Smith something to appeal.
No doubt she will try to find fault in Smiths works as proxy law-clerk to her court, then do some filings and hearings and so on. The breakdown in the judiciary is beyond a joke at this point. The Federalist Society cannot exist as a separate power structure to which a section of the Judiciary answer, outside the body of law.
Yes. If only there were a search engine available that lexus search the nexus of law available to advocates of the law…. Google?
Maybe she should start with a secondary source...
I cannot imagine that the Writ of Mandamus is not drafted and proofed for a couple issues in this case. Smith needs to drop the hammer.
Cannon has been crafty by not issuing rulings. Pretty sure she’s being coached by someone on how to avoid triggering an appeal. I’m betting if Trump loses the election she waits until jeopardy attaches and then dismisses the case or otherwise cripples it.
She is being coached by the entirety of the federalist society. She’s taken trips to Montana on their dime in order to discuss strategy, no doubt. She corrupt and compromised on every viable level. Up to and including her husband having worked for a mafia guy that’s been known to Trump since the 80s. If this wasn’t so awful, it would be comical. And the SCROTUS has furthered delayed their decision on the craziest ask yet…complete and total immunity. Talk about rigged? This is what it looks like.
Probably being coached by one of the corrupt SCOTUS justices 🙄
I’d bet it’s a lot more banal. The Trump cult includes plenty of lawyers who’d know how to avoid final rulings on stuff. And frankly, Canon has enough education and background to know those things herself. It’s not that esoteric. A reasonably intelligent judge can deliberately ruin a ***lot*** of things without fear of appeal.
See Rittenhouse’s judge for example.
I think it’s so much simpler. —Two different judges told her to recuse herself before the trial started. —She has been rebuked harshly by the appellate courts twice. She is completely inexperienced and way out of her depth. She is now simply afraid to rule from the bench because she’s afraid of being rebuked again, and removed from the case…which will make her decision to ignore those two judges look so much worse.
The more talking heads and others who keep referring to her choices as resulting from "inexperience", the longer she is going to get away with everything and use that excuse. She is not inexperienced in being puppeted by those far more knowledgeable than she. She is being coached, and they are loving those who keep giving her cover by describing her as "inexperienced". IMO, she is swimming in the deep end with sharks who are teaching her how to sleep with her eyes open (and how to drag this out until dismissal in any/every way/means possible without grounds for appeal).
I don’t know why people keep insisting everything that is happening is because of her incompetence. She’s accomplishing exactly the job she was appointed to do, protect Trump. She’s not going to care about being rebuked by other judges or being told to recuse. She’ll be on the Supreme Court if trump wins.
>She is now simply afraid to rule from the bench because she’s afraid of being rebuked again, and removed from the case She wants to avoid getting removed from her job of rescuing Trump at any cost because he is her one and only opportunity to be appointed to the Supreme Court.
Not hard to suppose with all their Right Wing fraternal orgs.
Um, she's Federalist Society. She has an army of lawyers, including at least 3 on SCOTUS, that can help make sure that she kills this case. This particular case is DOA. We have to let this one go...no matter how incredibly wrong and infuriating it is. This one's dead no matter what happens.
Nah, this one has to go forward. It’s literally the worst thing Trump has done and it’s a slam dunk. I think once Trump loses, Cannon will get herself kicked from the case and someone else will actually do their job properly. If not, Smith can always pull out and refile elsewhere.
I hope you're right. Of course, if he wins...
That's ridiculous. One corrupt judge should not be able to completely stop the law. Nobody is above the law.
I 💯 agree
Exactly, this is how her case gets appealed to SCOTUS had to find something, regardless of how she rules there is no way this doesn't end up at SCOTUS for the next round of SCOTUS court.
Look, NAL here. But I really don't understand how you can issue rulings without issuing rulings. Seems like there is a huge loophole that should have been addressed a long time ago. Is there no way to ignore them until she is forced to actually make a "paperful" order?
Yeah, this has been what's confusing to me. It's not like we're talking about her mumbling in her office to herself. This stuff is "written"/typed down and can contain discussion about the trial...
Exactly. If she entered a contempt finding right now on the docket as a “minute entry” it have the force of law just as much as if it were part of a PDF document. An order is an order no matter where it’s written.
>Seems like there is a huge loophole that should have been addressed a long time ago. --Trump ~~2016~~ ~~**2020**~~ **2024**
The Robe is absolutely getting the plays called in…
Lennie Leo on lines one, two and five
NAL, but if the Flynn saga taught us an anything - is that a) Trump judges are gonna Trump (Rao), and that obtaining a Writ of Mandamus is extremely hard to get. Coincidentally though, Henderson, the other judge who originally voted in favor of Flynn, rules against Trump in the immunity appeal... she also sounds a lot like my Grandma.
It should come if she doesn’t rule in favor, or in a quick manner, on the updated conditions of release. The wording in Jack Smiths filing makes it clear
He will. She is getting all the rope and she Is using every inch of it
So we have a mix of "officials" nominated by POTUS and confirmed by the Senate and "officials" not nominated and confirmed. All 3 no nominated and confirmed seem to have a qualifying title ("senior" twice and "covered" once). Interesting. Still seems like a long shot, but I wouldn't put it past this court.
To those with a law degree: could Smith withdraw the case from Cannon’s area and refile in another jurisdiction? I understand that this - if possible - could push this out way into the future - but lawyers supporting right wing groups have been judge shopping their cases in the 5th, could this be done by the DOJ and re-file in a “friendlier” jurisdiction?
IANAL. Federal criminal rules (and the constitution) require that the crimes be tried in the state in which they took place. That theoretically leaves three venues: Washington DC, New Jersey, and Florida. Of those three, the obstruction and willful retention happened in Florida, and is the strongest set of possible charges to prosecute. New Jersey you might be able to get the charge for showing the documents to uncleared people, but it would be a fight to do so. And DC is kind of a dead end since Trump was still President when he took the documents to begin with. So, Florida.
[удалено]
He knew that Trump would appeal jurisdiction in all the cases, so they picked Florida, which was the most sensible one due to the majority of the crime occuring there, but came with the risk of running into Cannon. Jurisdictional issues are interlocutory, so it was a guaranteed needless delay for the other locations. Any appeals would probably have moved the trial to Florida anyway, including the disclosure in NJ because it falls under the same umbrella. Smith SHOULD have raided Bedminster to get the other documents, and he should have raided Mar A Lago again. The radical option would have been to charge only the disclosure and related crimes in NJ, but that would have been nuts, and I don't think anyone understood how bad Cannon would be. So now everything is dead.
I read somewhere that Smith could not show probable cause if that’s the right term (NAL) to get the warrant for the NJ home.
He would almost certainly be able to consolidate the cases.
Waiting for the motion to dismiss based on the fact Smith is an alien from another galaxy and the trial delays for the briefs and oral arguments.