News Trump: Mar-a-Lago just raided by FBI

[Zorba]

Nominated but doubt she’ll get past committee hearings

If republicans run the Senate she would, no question.

 

[Zorba]

You are implying that judges cannot be impartial. Obviously there are some who are not but if we don’t have that kind of basic trust in them then the whole system needs to be reworked until the trust can be restored.

There are lots of judges, seems easy for them to avoid the appearance of a conflict.

 

[fskimospy]

Has Jack Smith even actually publicly said anything against Cannon? I haven't seen anything.

His filing in response to her request basically called her a moron.

 

[fskimospy]

You are implying that judges cannot be impartial. Obviously there are some who are not but if we don’t have that kind of basic trust in them then the whole system needs to be reworked until the trust can be restored.

No, I’m saying the standard is ‘impropriety or the appearance of impropriety’ and owing your job to someone would clearly fall under the latter in my opinion.

 

[Lost_in_the_HTTP]

I get how for litigation while in office the president can’t be limited to only judges they didn’t appoint but once out of office it should be absolute common sense that your cases can’t be handled by someone who owes their job to you.

You are implying that judges cannot be impartial. Obviously there are some who are not but if we don’t have that kind of basic trust in them then the whole system needs to be reworked until the trust can be restored.

Donny's Judges have been slapping him down quite often.

It's silly this woman could be on the bench for 30 more years and there is nothing that can be done to get rid of her. Trump will likely make her a supreme court justice if he wins. Probably promising that too her already through back channels.

They can be impeached and removed, but that's rare and usually only for criminal offenses outside of the job.

 

[fskimospy]

There are lots of judges, seems easy for them to avoid the appearance of a conflict.

Exactly. You could very easily choose someone the litigant didn’t personally hire. It’s not hard.

 

[Zorba]

His filing in response to her request basically called her a moron.

So not really, he isn't talking shit about her to the media. Just poor language in a filing.

 

[uclaLabrat]

So not really, he isn't talking shit about her to the media. Just poor language in a filing.

The language was excellent and more polite than she deserved

 

[Lost_in_the_HTTP]

I would like to think that such blatant bias would be grounds for impeachment, but then I would have liked to think this country could never have gotten into this mess.

 

[Zorba]

The language was excellent and more polite than she deserved

Link? (Or a better description I can search for?)

 

[uclaLabrat]

Link? (Or a better description I can search for?)

I think the text is in this thread already but instead of calling her a fucking corrupt moron (accurate) he instsad wrote "if the court wrongly concludes that it is [the correct formulation of law]..."

That shit is just poetry 🤣

 

[fskimospy]

So not really, he isn't talking shit about her to the media. Just poor language in a filing.

Oh I think the language in the filing was completely appropriate. It was professional, it just showed how incompetent she is.

 

[Dave_5k]

So not really, he isn't talking shit about her to the media. Just poor language in a filing.

Not even poor language, just accurate language which (indirectly) pointed out her complete ineptitude, which she took quite personally in her response.

Politico story includes link to actual DoJ filing (2nd link):

https://www.politico.com/news/2024/04/05/trump-classified-documents-special-counsel-judge-00150752

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

DOJ: "The Court has issued an order...on an unstated and fundamentally flawed legal premise. ... That legal premise is wrong, and a jury instruction for Section 793 that reflects that premise would distort the trial.
... As a result, both of the Court’s scenarios are fundamentally flawed and any jury instructions that reflect those scenarios would be error. Nevertheless, as directed by the Court, the Government below provides jury instructions for each of these two legally erroneous scenarios."

Cannon took an extreme exception to the following in her most recent ruling - as it was exactly describing what she is up to:
DOJ: "Whatever the Court decides, it must resolve these crucial threshold legal questions promptly. The failure to do so would improperly jeopardize the Government’s right to a fair trial and deprive it of its right to seek appellate review."

 

[fskimospy]

To me the best lines are on pages 21 and 22 where after informing Cannon she is a moron he creates the draft instructions she requested.

I instruct you, however, that, as to a former President, even if he lacks a security clearance, lacks a need to know classified information, and stores information outside of a secure facility, he is authorized to do so if the classified information is contained within a “personal record,” within the meaning of the Presidential Records Act (PRA), a statute that establishes the public ownership of presidential records and ensures the preservation of presidential records for public access after the termination of a President’s term in office.

And:

I further instruct you that a President has unreviewable authority to designate any record whatsoever as personal, regardless of whether it meets the statutory definitions I have just provided. I further instruct you that, if, before the end of his term in office, a President transfers records from the White House to any location other than the National Archives and Records Administration, as alleged in the Superseding Indictment, he has necessarily exercised his unreviewable authority to designate those records as personal and, as a matter of law, he is authorized to possess them and you may not find him guilty.

Chef’s kiss.

 

[Fenixgoon]

To me the best lines are on pages 21 and 22 where after informing Cannon she is a moron he creates the draft instructions she requested.



And:



Chef’s kiss.

I'm really confused by this...so these are hypothetical instructions to a jury? I haven't been watching the developments like a hawk unfortunately. Too depressing

 

[Brainonska511]

They can be impeached and removed, but that's rare and usually only for criminal offenses outside of the job.

I think it's pretty clear at this point that impeachment/removal is a nonexistent remedy.

 

[Dave_5k]

I'm really confused by this...so these are hypothetical instructions to a jury? I haven't been watching the developments like a hawk unfortunately. Too depressing

Yes, Judge Cannon, in her infinite wisdom, ordered the Defense and Prosecution to draft hypothetical final closing jury instructions regarding the Presidential Records Act.

1) In her boundless intellect, Cannon deemed the jury should decide this matter of law.
2) In her unmatched brilliance, decided to focus on final jury instructions, prior to progressing minor issues such as: ruling on when the trial might take place, or what evidence may or may not be shown at trial, or how to properly manage confidential information or redaction of confidential information either between the parties or at the trial, or to deal with various random motions from the Defense that attempt to derail and delay the trial indefinitely, or even a timeline or a plan for actually wrapping up those pre-trial motions.
3) And she creatively ordered the production of 2 hypothetical alternatives for jury instructions, unasked for by either party - while managing to have both of her alternatives in conflict with not only the law, but also contrary to the facts of the case as presented by either party, with starting assumed fact position more extreme than anything Trump has actually filed in court (although directly in line with his unsubstantiated claims in the media).

 

[eelw]

I'm really confused by this...so these are hypothetical instructions to a jury? I haven't been watching the developments like a hawk unfortunately. Too depressing

One was to let the jury review all documents in question (screw top secret). Second, PRA gives the president the right to claim documents are personal.

 

[hal2kilo]

I'm really confused by this...so these are hypothetical instructions to a jury? I haven't been watching the developments like a hawk unfortunately. Too depressing

That's understandable as her instructions make no sense in law.