This is Jack Smith’s mind at work, and this is a trap. It’s very obvious Cannon has been obstructing this case, and Smith wants her gone, or to make such a huge and obvious misstep that the 11th Circuit will pull her off the case. This aims for one or both of those things to happen.
or to make such a huge and obvious misstep that the 11th Circuit will pull her off the case
The 11th circuit can’t just act on their own. Smith would have to file a motion to have her recused for them to take action, and experts still consider that a long shot because while her bias is blatantly obvious, she has been very careful to not take actions that the 11th circuit can use as justification to remove her, and painfully slow scheduling is generally not considered grounds for removal.
She has already made her intentions clear; she has not made rulings on several motions as she’s waiting for a jury to be seated so when she dismisses the case, double jeopardy will already be attached. And at that point, Smith is SOL.
This aims to elicit a response though. She can’t just ignore motions. She also can’t outright dismiss the case anyway without making an appeal guaranteed, at which point she’d be releasing whatever protective control she holds over the case. This is a federal case, you can’t just make it “go away”. DJ would also not be attached if no other court has touched it.
This aims to elicit a response though. She can’t just ignore motions.
There are about 8 of them sitting in front of her that she’s ignored so far.
She also can’t outright dismiss the case anyway without making an appeal guaranteed,
Once the jury is seated, her dismissing the case would be unappealable. That’s why she’s waiting until the jury is seated to rule on some motions. That way, no matter what people may think of it, Trump still gets to walk.
at which point she’d be releasing whatever protective control she holds over the case.
And the case would be dead.
This is a federal case, you can’t just make it “go away”. DJ would also not be attached if no other court has touched it.
Double jeopardy is attached as soon as the jury is seated and the trial begins. At that point, all the defense needs to do is to file some frivilous motion over virtually anything and request the charges be dismissed. If she grants it, there’s nothing Smith would be able to do about it.
Delaying is a tactic, but there are protections in Habeas Corpus that allow appeals for literally anything, and Double Jeopardy would never be attatched in such a situation which she has created.
I’m not a lawyer, but double jeopardy is applied when a jury finds a verdict. There is such a thing as a mistrial. If the jury hangs there is a mistrial, and I don’t believe a dismissal is an acquittal just because there are jurors in seats.
I’m not sure how that would play out. I could see an argument being made that since it was all part of the same alleged criminal acts, it would be “forum shopping” and an attempted end run around double jeopardy. This argument would almost be guaranteed to be appealed right up to the Supreme Court, and we all know what’s likely to happen there, regardless of what the law clearly states.
And even beyond that, in the court of public opinion, this would just become more evidence that the “deep state” is “out to get him” by way of just bringing cases against him over and over until one of them sticks, diminishing the credibility and impact of the cases. At some point, to your average joe, and endless stream of charges will start to look like a political witch hunt no matter how valid those charges are, especially if the new cases are filed in response to other cases being dismissed.
Either that, or there will be another hearing, probably sometime in July 2050.
EDIT: aaaaaand, she did, while once again taking potshots at the prosecution. Not a big surprise. No word yet on if she’ll also hold the prosecutors in contempt, but given her track record, I wouldn’t be surprised if she tried having them sent to Gitmo, and then deported.
Honestly she’ll probably write another 10 pages shitting on smith for stupid reasons, then the last page will say something like “but in light of circuit president, motion is granted”
She seems keenly aware that the circuit court would embarrass her again, imho. She’s appeared shockingly incompetent at everything except avoiding making appealable decisions.
Edit: God dammit it took like 3 hours between this comment and being proven wrong as shit lol
Here’s what I don’t get, which just shows how incompetent everybody involved is.
Cannon has already outright stated that she’s waiting to rule on some things until after the jury is seated and double jeopardy attaches, making it all but clear she’s going to dismiss the case with prejudice at her first opportunity.
So why doesn’t team Trump just shut the fuck up? They know the fix is already in. Why file motions that are going to bring more negative attention to the case? Why not just seat the jury and then dismiss the case since Smith won’t be able to do anything about it at that point? All these motions are doing is just drawing attention to the incompetence and corruption unnecessarily. She could have easily gotten away with her reputation largely intact if everyoone would have just allowed the case to get to trial asap and just dismiss the case at that point. Sure, she’d have gotten heat anyway, but it would have been looked upon as one bad decision in a vacuum, instead of being the inevitable end of a series of corrupt acts.
I consider us very fortunate that the people who Trump engages in corruption with are so incompetent that they can’t even do corruption properly. If any of these people had half a brain, this country would be in exponentially more trouble than it already is.
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