@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 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.