Trump FL Records Case: Judge Cannon Fires Back At Lying Jack's Smears - should consider a gag order

https://archive.ph/vVBBw

When you have the facts, argue the facts
When you have the law, argue the law
When you have neither the law nor the facts, pound the table.

Lying Jack is pounding the table.



Judge Aileen Cannon ORDERED, she did not REQUEST that 'prosecutors respond with proposed jury instructions to two factual scenarios she posited. Both involved the 32 felony charges of unlawfully retaining national-defense intelligence in Smith’s Mar-a-Lago indictment against Donald Trump.'

The issue is jury instructions. In settled law, they would simply pull jury instructions that had been used successfully in the past and affirmed by appellate courts. But contrary to the Lying Fake News coordinating with the crooked prosecutors, this is not a black and white issue, this is not settled law, and Trump's take is absolutely one of the two possible instruction sets that will be furnished to the jury. So, lacking settled law, she asked both teams to draft a response based on two possible scenarios, one of which will be presented to the Jury. Well, one the two tracks very closely to the legal counsel Trump was given when he made the choices he did. And Lying Jack promptly lost his mind.

Both teams were told to provide jury instructions, presuming two different scenarios, one of which is:
'(a) a president is deemed to have designated documents as personal records simply by having caused them to be removed from government safekeeping, and
(b) that a president’s decision to designate materials as personal records (which he can keep), rather than presidential records (government property that must be archived) is unreviewable by a court or jury.
If that’s the law, Trump gets acquitted on the document-retention counts.'

And that very well could be the outcome of this case. That is certainly the scenario that Trump had in mind and it's largely consistent with the law, and the Presidential Powers provided the President by the US Constitution.

While Lying Jack crapped himself over that potential scenario, the other scenario, which the Trump team must also address is (simplified):
'the jury may review a presidential designation of personal (rather than presidential) records by applying the PRA (i.e., reading Congress’s definitions of personal and presidential records).'

Under that scenario, Lying Jack could likely secure a conviction, though it probably won't stand up to appeal, as it requires a Constitutional Amendment, not an Act of Congress or an EO to limit the Constitution's grant of presidential powers.

Lying Jack is a known statute stretcher. That is, he will try to obtain convictions by using meanings clearly never previously anticipated by anyone who drafted the law, and meanings never affirmed by the Court. For example, Lying Jack's conviction of McDonnell, which destroyed a rising republicans promising career was overturned by EVERY member of the Supreme Court that voted on it, right/left/center. But Lying Jack managed to ruin his political career before SCOTUS could make it clear that Lying Jack secured a bad conviction not supported by the law, statute or facts, exactly what Lying Jack is trying to do here, to fix the election for Bribed Joe.

United States v. McDonnell

Well Lying Jack complied with the Judge's order but with a lot of lip and mouthiness demanding that she prejudge the case in the same manner that they did. They demanded that the Judge give her rulings in a manner that makes it the most likely that Lying Jack gets his guilty verdict that he thinks will help him fix the election for Bribed Joe.

Well, this Judge is not the pushover that Lying Jack anticipated and she answered this smartassed election fixing prosecutor, today.

She did rule that the case will not be dismissed under the Presidential Records Act (PRA), as Trump requested, but she most certainly did not rule out dismissing the case under the PRA after the case commences.

Then she applied the lash to Lying Jack's behind:

'Separately, to the extent the Special Counsel demands an anticipatory finalization of jury instructions prior to trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence, the Court declines that demand as unprecedented and unjust. The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case. Nor should it be interpreted as anything other than what it was: a genuine attempt, in the context of the upcoming trial, to better understand the parties’ competing positions and the questions to be submitted to the jury in this complex case of first impression. As always, any party remains free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law.'​

In simpler terms? Lying Jack, take your theatrics, and your mouth, and go jump into a lake. This is going to be a fair, a measured, a just, and deliberative outcome that follows the law as it exists in the real world, not in Lying Jack's crazed Trump-hating mind.

Lying Jack Is Drunk With Power and running into a brick wall, a separate co-equal branch of government, and this seperation of power is the very basis of our Federal System that guards against tyranny by unelected power mad asshat authoritarians like Lying Jack Smith

'The judge’s reference (twice) to Smith’s making “demands” is telling. Ordinarily, prosecutors make respectful requests of the tribunal. You have to be firm at times — prosecutors are executive-branch officials, and that often brings them into conflict with the independent judiciary — but you don’t make demands unless the judge is doing something lawless. And you never make demands when you are asking the judge to do something she doesn’t have to do — such as rule pretrial on something that needn’t be decided until the end of the trial, when jury instructions are finalized based on the way the case has played out.'

Lying Jack is lucky that the Judge didn't make him go stand in the corner. Lying Jack is in this position because he likes to use novel applications of the law rather than tried true and tested applications that firmly and squarely fit into the obvious meaning of the law. This clown brought the situation onto himself, and I don't think this Judge is going to tolerate his insulting antics.

Read the whole thing and discuss.

 

Corrupt Cannon is using every trick in her , admittedly incompetent, bag to slow play the trial until the election. She and the Orange Stain are banking on the election bailing them out.

It's that simple.

The MAGA sycophants, who know even less about the law than her, are cheering because they hate due process. They think that just because Orange says so , he is innocent of any crime. In a country of laws where due process is taken seriously, no one is above the law and entitled to their day in court. Well, Corrupt Cannon and Orange are working as hard as they can to see that process is subverted.

Question: Suppose the election comes around and Trump actually wins. Will this trial proceed or will he cheat Justice by firing the prosecutor and ordering the case dropped ? Of course the MAGA crowd would cheer for this perversion because they only believe in the law when the result is pre-determined in their favor.
That isn't justice.

 

????

 

Maybe DJT will just go full DP/RP and have his DOJ indict the obnoxious pest and railroad him into a Super Max.

Would not put it past him.

 

Oh man. Love how they keep getting it delayed. Good stuff! Pay attention LEFT. This is what LAWFARE and DIRTY TATICS gets you, the SAME EXACT THING!
enjoy!

 

'What is increasingly clear is that the Mar-a-Lago documents case will not be tried prior to the presidential election in November. To this point, Smith has included the Florida prosecution in his politicized agenda to influence the 2024 election, in violation of Justice Department rules. But the case is already bogged down in litigation over the admissibility of classified information, for which pretrial appeals are permitted by statute.'

Lying Jack is deliberately violating Justice Department rules that a prosecution calendar cannot be form with an eye on the political calendar, and Dirtbag Merrick is doing nothing to discourage Lying Jack's attempted election manipulation.

Lying Jack's 'maneuvering in anticipation of a pretrial appeal regarding the PRA indicates that he has come to terms with the reality of delay in Florida. Expect him to devote his immediate energy to getting his other Trump case — the 2020 election-interference prosecution in Washington, D.C. — scheduled for a pre-election (or even during-election) trial, before the more-accommodating, Obama-appointed judge Tanya Chutkan.'

Lying Jack's documents case is 'susceptible to selective-prosecution objections (after President Biden was given a complete pass on comparably serious document-retention charges).'

https://archive.ph/NY2Az#selection-1255.293-125

I think we've all had enough of Lying Jack trying to rig the election.

 

The bed wetters will never give up on their witch hunt. They're vacuous zealots with atrophied frontal lobes driven by ignorance and hate. The same mentality of their forefathers in the kkk, and euroweenie cousins in the 1930's.

 

I will forget that I read your sophomoric comments.

She's already been rebuked twice by 3 judges, 2 of whom were appointed by Trump. 3 strikes, and she's out. She's absolutely wrong on the law and Jack has her cornered. You've got it entirely wrong. He will petition a writ of mandamus to the eleventh circuit and kick her off the case.

 

Your claim that there is any such provision is pure fantasy. Why do you make such things up?

Fake news, she's made no determination.

No he doesn't.

On what basis? She hasn't selected the jury instructions, and likely will not until after she reads the filings from both parties and the case is underway and ready to be presented to the jury for deliberation.

You think that after both the prosecution and defense has presented their cases and she delivers the jury instructions that if Lying Jack doesn't like them, that he has the power to halt proceedings and appeal her jury instructions to the Circuit Court?

Wherever in the hell did you get that idea? Do you ever look anything up before you pontificate your wishcasting?

Once the jury is empaneled and sworn, Lying Jack has no ability to appeal a court ruling, and no right to appeal an acquittal due to double jeopardy protections.

Lying Jack very insultingly demanded rulings prior to the jury being seated and the good Judge effectively told him to go jump into a lake.

Looks like you could use better sources. My source is the Judge, and it's even in your post that you claim you didn't read. What do you think "the Court declines" means?

 

You don't have to make a determination to be wrong on the law.

I don't think you understand what is going on in this case, the actual dynamics in play here.

I've researched it from a number of sources. Do you ever look anything up before you stick your foot in your mouth?

You're not the legal eagle you think you are.

No, I didn't make this up.

Like I said, Cannon has been rebuked by 3 judges, twice, two of whom were Trump appointees, and the point is, she's no paragon of jurisprudence, she's wet behind the ears and you haven't noticed.


https://www.rawstory.com/trump-fight-back-cannon-gill/



Cannon, herself a Trump appointee, recently denied Trump's motion to dismiss the case on PRA grounds — but she also refused to make a factual determination on the matter as Smith demanded. Some commentators have suggested he immediately go to the 11th Circuit and ask them to overrule Cannon — but Gill thinks that's premature, and there's a better option.

"I've read over all the filings, & after consulting a bunch of experts, & after recording this weekend's episode of the Jack podcast, here's what I think Jack Smith will do w/re to Cannon's ruling on Trump's motion to dismiss based on the Presidential Records Act," wrote Gill. "Smith asked her to dismiss Trump's PRA motion, adapt his correct jury instruction based on a proper reading of the statute, and said that if she uses incorrect jury instructions, he would seek a writ of mandamus from the 11th circuit.'

"Cannon accused him of demanding she finalize jury instructions ahead of trial, but he didn't. He only proposed a proper jury instruction because SHE ordered him to write some based on a total misinterpretation of law," wrote Gill. "I think the only reason he asked her to adopt his proper jury instruction is because she asked him to write improper ones. She did dismiss Trump's PRA motion. So I don't think he has a reason at this juncture to go to the 11th circuit."

Instead, she [Allison Gill] argued, "I think he will ask her to preclude trump from using a PRA defense in a future motion in limine. [isn't that what I said?]If she denies that motion, I think he will appeal that to the 11th circuit. If he wins, she won't be able to base jury instructions on the PRA b/c Trump won't be able to argue it.[BINGO!] If he loses his appeal and Trump can use the PRA as a defense, and she improperly includes it in jury instructions, I think that's when the government would halt proceedings and seek a writ of mandamus."


Secondary source:
https://twitter.com/muellershewrote/status/1776371647567835472?s=46

 

What does he plan to appeal, that when he demands that she jump, that she asks "how high?"

Wrong. She didn't refuse, she refused to make it prematurely as Lying Jack demanded, twice.

He has nothing to appeal until she gives the jury instructions. She doesn't have to give the jury instructions until they are ready to begin deliberations, and Lying Jack can't decide that he doesn't like the jury instructions and appeal it before they render a verdict. If the verdict is guilty, he won't appeal it, though Trump will, if it's acquittal, he can't appeal it due to double jeopardy.

Lying Jack has no one 'boxed in', he's pounding the table.

That's Lying Jack's opinion, not a court finding. He tried to bully the judge and she wasn't having any. Does Lying Jack think that he is entitled to bully women judges?

 

he can file a writ of mandamus if she fails to respond, correctly, to a motion in limine.

She was wrong on the law, that gives him the right to file a motion for corrections.

She was wrong on the law, that gives him the right to file a motion for corrections.

that isn't the point. She reveal her hand, which includes her being wrong on the law. He has a right to assure she applies the law correctly.

He has a right to thwart a potential misapplication of the law via her jury instructions before she gives them, via a motion in limine.

It's not bout bullying, it's about applying the law correctly. This judge is very inexperienced, and it shows.

She interjected the PRA into the process, and the PRA is irrelevant, (because criminal defendant is under indictment for espionage, and PRA is civil) suggesting this judge's incompetence. IN so doing, she revealed her intent, to give jury instructions (that are in defiance of the law) that would assure Trump's acquittal, and, I assure you, Jack will do something to preempt that eventuality, and do it legally. He has two avenues, a motion in limine, and if she doesn't respond or her responds is not according to law, he will petition to the 11th circuit a writ of mandamus, noting that she has already been rebuked by three judges, twice, two judges of whom were appointed by Trump and his mandamus will remind the judges (if they are not the first three who ruled) of this fact.

I regret to inform you that Smith is not lying.

 

That's fake news. Judge Cannon’s order is not itself reviewable by an appellate court, as it rendered no decision on anything.

More fake news, she hasn't made a decision on jury instructions.

I was unable to locate a single instance where the 11th circuit accepted a government challenge to yet to be delivered jury instructions by means of a petition for a writ of mandamus. If you know of any, please alert me to them.

If Lying Jack is so 'experienced' how come he was overturned 9-0 for misapplying the law in McDonnell?

Now AFTER she makes a ruling on Jury instructions, Lying Jack could appeal it, but she has not made that ruling, and further, in United States v. Arthur Farnsworth, the government feared that the trial judge’s instruction would render a conviction impossible, and the Third Circuit denied even the petition.

The biggest problem for Trump is that the Eleventh Circuit appellate court has made clear that the documents at issue are the property of the United States, not Trump’s personal property.

So if she does make a reviewable decision that Lying Jack can appeal, he certainly could prevail.

And without a doubt Trump is being selectively prosecuted. It's completely unfair that a different special prosecutor declined to recommend an indictment against President Biden, whose classified-information offenses were also gravely serious.

 

Judge Cannon is one ruling away from Jack Smith requesting her removal. Her rulings and statements have demonstrated, not only bias towards Trump, but absolute incompetence.

At this point, I can only explain Judge Cannon's rulings by assuming that she WANTS to be removed. It's strange, but it's the only possible explanation. I mean, she obviously incompetent. But why else would she not seek guidance by the more experienced among her colleagues.

Jack Smith has actually shown great constraint. Because he already has enough arguments to have her removed.

 

Gag order? WTF are you talking about? He's barely said a word publicly. And, dude, his argument is pretty ironclad. If this goes to appeal, and it should, Cannon doesn't stand a shot.

 

Smith can file the writ, but that doesn't guarantee that he will get it.

 

No one seriously doubts he will get it if he appeals.

 

The system is biased toward the defendant. The judge's duty is to uphold that system.

 

She also ordered him to provide jury instructions stating that the President can magically turn official documents into personal ones. And, hell, we have him ON TAPE saying that at least one of the documents he still possessed was still classified. There's no such thing as a classified document that is a personal document. All classified documents are official documents.

 

Yeah and you all have been right, about everything, too...lol

 

I gave this a like because I personally think she's either is in the bag for Agent Oranges or is just seriously incompetent at being a judge and interpreting the law. Regardless however, she's going to make sure on way or the other, this case will not be heard by a jury until after Nov 2024. Justice delayed is justice ..............

 

Not with corrupt, idiotic, legally illiterate jury instructions. That's not her job.

 

Feel free to point out anything I've gotten wrong about this case. Or you could actually try talking about the topic.

 

You people should really, really look up the origin of that...lol

 

It isn't just this case...lol. How's the Georgia case going?...lol