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“To make this crystal clear, if trial begins and Judge Cannon makes a ruling that is legally erroneous in the middle of the trial, resulting in a not guilty verdict, prosecutors cannot appeal the verdict,” he explained. “That's why Jack Smith wants a ruling before trial, so he can appeal.”
Holy shit! That's a hell of a loophole. Just what trump was looking for.
That's double jeopardy. You cannot be tried for the same crime twice and that is clearly what Trump and Cannon are counting on.
In a jury trial it should really only be double jeopardy when the jury comes to a non-guilty verdict. In all other cases both sides should reserve the right to appeal.
How does it feel to be a federal judge and have the vast majority of legal scholars and prosecutors be so fundamentally critical of your orders it's like they are calling you incompetent, corrupt, or both? And you wonder why you lose clerks?
Cannon doesn't give two shits about that or she wouldn't be blatantly siding with the defendant who nominated her.
My "guess" is that Jack Smith has decided it's now or never to get rid of Judge Cannon. It's clear she is dragging this out intentionally. Once Judge Cannon responds that she will not "speed things up" , Jack Smith will go to the Appellete Court and ask to have her removed . That she will give a shit about.
If she is removed it won't matter if she gives a shit about anything.
Yes, then she'll just be a federal judge who is known to be overturned easily and not to be trusted by her colleagues
100 bucks says they deny his appeal and what he says comes true. 100% like Trump and co want and all the GOP. These whole things a joke.
They've already overturned her twice. They know she's an incompetent hack & beholden to Trump.
I said it yesterday, she wants to be removed at a late enough stage of the trial that it will take another judge past the election to get up to speed on the case.
It’s important to note too that the ones overturning her were appointed by conservative presidents. It’s that blatantly bad.
We just have to hope their conservative bias doesn't go so far as a fascist takeover. The Bush years were bad but not on this level of corrupt.
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Why do people keep calling her incompetent? As far as I can tell, she's been doing her job -- being a blatantly corrupt ally of Trump -- perfectly.
What opportunity to skew the trial in Trump's favor has she not taken advantage of? 'Cause that's the true measure of her being incompetent.
Yeah, this seems more on the order of weaponized incompetence, it's giving the appearance of incompetence for a specific purpose so she can try to avoid claims of corruption or bias. Otherwise, she's doing the job she was put in there to do, that's why Trump and the GOP were so hot on getting all those Judges appointed.
You know a whole bunch of Trump people are in prison right and they've already been working on seizing his assets in increments of $100 million
I'm as jaded as anyone about the leniency the justice system keeps showing to Trump, but it's not like everything has been going exactly his way
Justice delayed is justice denied when the damage is ongoing.
100% agreed
Everyone's treating it like business as usual. The third floor of the building is engulfed in flames, and the manager on duty is saying "Well we need to finish the staff meeting, dealing with the fire is on the agenda yes, but we have other business to take care of also."
Anyone dealing with anything Trump related should have 24/7 security from the Justice Dept, and everything else on their plate they should get a pass on. If some drug dealers they were also trying a case for need to wait, that's okay.
Here's the thing. I'm on Smith's side and all of that, but he's bluffing on this and Cannon knows it. Since she is in no legal jeopardy (The only thing that can happen to her is impeachment, which is impossible in today's political environment), there is absolutely nothing stopping her from simply ignoring Smith until the trial, waiting until the jury is seated, then essentially dismiss the case for whatever reason she wants once double jeopardy is attached and the dismissal is not appealable. If she is willing to endure the professional fallout from that decision, there is literally nothing Smith can do to stop her.
Mark my words:
From the day Trump came down that escalator, he has been playing our government, our judicial system, and our press system like a god damned fiddle. They continue to play Trump's games by Trump's rules and wondering why they keep getting dragged down to his level and beaten to death with experience. And as long as those in charge of just about every facet of our society continues to allow Trump to play by his own rules, there is no reason to believe that anything is going to change any time soon.
Not an attorney myself but also didn't see you wrestle with the mention of MANDAMUS in the brief. Discuss.
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You're very welcome, glad to share the gospel according to Harry. Also thanks for banging out that killer summary, I should have done that myself but excuse excuse.
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From my view, it is perfectly reasonable to be skeptical of any one take, even from someone as well credentialed as Harry.
To that point, one bugbear I am wary of is the inherent cover that lawyerly types tend to give to the Justice system writ large: namely, that it can self-police and correct for biases or bad actors. No legal source I've followed has yet to grapple with this blind spot specifically.
Which is to say, I'm right there beside you in being hesitant to overinvest in any one outcome.
With that, I'll throw one more resource at you, and that is the Serious Trouble podcast. The cadence from this crew is much slower, but they bring a fair bit of levity to the table alongside some deep perspective from the angle of defense, and so I look forward to each episode. My hope is they will dive into a discussion around mandamus also, as I am just as flummoxed as you when it comes to understanding specifics.
Have a good one, and thanks again for the thoughtful conversation.
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Although I’m not a lawyer, I suspect this analysis is correct because it is completely depressing and so matches up perfectly with reality.
Portugal has one of the best golden visa programs in Western Europe.
Thanks for the tip
The GA case will fall apart because of the affair between Fani Willis and Nathan Wade.
Yep consenting adults being romantically involved is not an affair.
Uh huh, im sure conservatives will face consequences for their actions any day now.
Hey to be fair, Obama also got away with wearing a khaki suit, and use Dijon sennep on a sandwich. DIJON for crying out loud!!!
Can you imagine a president wearing a TAN SUIT?!? It's outrageous!
If you look closely you will notice that all three of those suits are worn by white Republicans.
Totally different.
Oh damn, you are right. I missed that 
Also like the gif of the truck racing towards the pole.
I gotcha
You beautiful bastard!
That'll be the day
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The 11th Circuit has previously acted with haste to correct Cannon's errors when those have been brought before the 11th Circuit. And this one is the most glaring error of all, by a longshot.
Smith is going to put something before the full circuit. He's already put down on paper several times about how Trump just wants to delay everything for as long as possible, and this kind of error only serves that purpose.
“You heard evidence during the trial that President Trump exercised that authority, at times verbally and at times without using formal procedures, while he was President,” Trump’s lawyers wrote in the hypothetical jury instructions. “I instruct you that those declassification decisions are examples of valid and legally appropriate uses of President Trump’s declassification authority while he was President of the United States.”
I think that being in Trump's proximity must warp your perception of reality; he is so at odds with the factual world and so strident in how aggressively he puts forth his own personal reality which changes day to day, that the brain just can't cope with it and cognitive dissonance becomes the whole of its operation. I can think of no other reason why a team of actual real-life lawyers would submit something like this and say with a straight face that the judge should be handing it out as the official jury instructions.
Wake me when the notice is carried out.
Enjoy your loooooong nap.
“Judge” Cannon should be tried as a traitor to the US and the constitution.