@WordsmithFL Why would Smith file in that Florida district where sits one of the most corrupt judges in the nation? He must know that Cannon will act entirely as a Trump defense attorney. Is the whole plan to conduct the real trial in appeals court?
@walterbays Because DOJ rules say the case must be filed in the district where the "preponderance" of the crime occurred. The crime occurred at Mar-A-Lago, hence the Miami district court.
This keeps DOJ from screwing a defendant by filing in a remote location the defendant and witnesses can't afford to go.
@WordsmithFL Suppose Judge Cannon gives the jury instructions like, unless a singing orangutan manifests in the jury room crying out guilty guilty, then you must find the defendant not guilty. And they acquit. Would the government have right of appeal? I think not.
Or if the prosecutor immediately files appeals after each corrupt decision, might that somehow move the case to appeals court before the case goes to the jury.
Or must Smith play for a mistrial?
@walterbays The prosecution can appeal at any time to have the judge removed for misbehavior, or ask for a mistrial.
Jack Smith is not going to let Aileen be a "loose Cannon," pun intended.
@walterbays From The Hill quoting Joyce Vance:
*****
... the 11th Circuit can order a reassessment, “where a judge leans so heavily for a defendant they call their objectivity in the eyes of the public into question.”
“This is persuasive authority that Judge Cannon must step aside if the case falls to her as a permanent assignment. Her court & certainly the 11th won’t tolerate the damage it would do to their credibility if she failed to voluntarily recuse ..."
@WordsmithFL Thank you! The entire clip is very informative. Later discussion bears on the usual Trump legal strategy of trying to run out the clock, vis a vis classified information laws requiring very careful and possibly slow steps towards trial.
@WordsmithFL I hope Vance is correct! These right wing activist judges don't seem very concerned with the reputation and legitimacy of the judiciary, as many of them are essentially anarchists intent on bringing down all institutions of a democratic government.
@walterbays I would be happy if she were to recuse herself, but that seems unlikely ... If #Trump is convicted with her as the judge, that certainly defuses the inevitable "rigged" accusations.
I'm waiting to see if she rules to delay the trial until after the 2024 election. That would be par for her.
@WordsmithFL If she's counting on being the very first Trump henchman to whom he remains loyal, then she will hang onto the case with all her being and issue rulings that would make a crow blush to deflect justice. And she does seem stupid enough to believe that.
If she realizes what happens to every other loyal defender she will bail like his lawyers. Process the arraignment paperwork and step aside for the trial.
@walterbays I was reading last night some of Cannon's justification last year for appointing the special master. The short version was she claimed a former President deserved special privileges. The conservative appellate court unanimously tossed that.
So the question becomes, will she continue to argue that #Trump deserves special privileges, or has she learned her lesson?
Stay tuned ...
@WordsmithFL Sigh. Well it makes sense and is part of the institutional structure of the rule of law.
It does seem to emphasize the importance of going over all his appointments and removing the most corrupt and unqualified judges.