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Aileen Cannon's Stern Rebuke to Jack Smith in Trump's Classified Documents Case


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In a significant development in former President Donald Trump's classified documents case, Florida Judge Aileen Cannon issued a strong response to DOJ special counsel Jack Smith and the prosecution team. The filing, from the Southern District of Florida's West Palm Beach Division, outlines Cannon's disappointment with Smith's request to restrict public access to certain information, citing grand jury secrecy and witness safety.

 

Background of the Filing

Judge Cannon, who was appointed by Trump in 2020, expressed her discontent with Smith's approach to handling sensitive information. She noted an inconsistency in Smith’s concern for grand jury secrecy and witness safety, highlighting that similar issues were previously overlooked during the case. This discrepancy was central to Cannon’s critique, as she felt it undermined the integrity and consistency expected in such legal proceedings.

In her five-page order, Cannon partially granted and partially denied Smith's motions related to the sealing and redacting of defense filings. This trial investigates whether Trump mishandled classified documents taken to his Mar-a-Lago estate after his presidency ended in January 2021.

 

Criticism of the Special Counsel

Cannon's order was clear in its criticism: “Nowhere in that explanation is there any basis to conclude that the Special Counsel could not have defended the integrity of his Office while simultaneously preserving the witness-safety and concerns he has repeatedly told the Court, and maintains to this day, are of serious consequence." She continued, “The Court is disappointed in these developments," and expressed concern over the Special Counsel's treatment of sealed materials.

 

Legal Context and Reactions

The judge's decision to suspend the trial indefinitely until other legal disputes are resolved has sparked significant backlash. Legal experts have accused Cannon of displaying bias in favor of Trump, a contention that has fueled ongoing debates about judicial impartiality in high-profile cases.

Cannon referenced Smith's previous stance on unsealing documents to counter defense claims of prosecutorial misconduct. She noted that Smith had previously supported the full unsealing of certain docket entries without qualification. Given this precedent and the absence of objections from the defense, Cannon argued for maintaining transparency and public access.

 

Implications for Trump's Legal Challenges

Cannon's filing also addressed and denied proposed redactions by Trump's legal team, although she granted a merits hearing on these redactions. Co-defendants Walt Nauta and Carlos De Oliveira were also mentioned in the order.

Trump faces a formidable array of legal challenges, including 40 federal felony counts in the classified documents case, federal charges related to the January 6 U.S. Capitol riot, and accusations in Manhattan concerning falsified business records to conceal hush money payments to Stormy Daniels during the 2016 campaign. Additionally, he faces 10 state felony charges in Georgia for allegedly attempting to overturn the 2020 election results.

Despite these challenges, Trump has consistently denied any wrongdoing, claiming that the prosecutions are politically motivated attempts to derail his potential re-election bid in November.

 

Credit: Newsweek 2024-05-21

 

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Jack Smith’s Original Sin
It would have been harder, but instead of trying the Mar-a-Lago documents case in Florida, the special counsel could have sought to bring it to court in D.C. Had he, we might be close to a verdict.

 

May 17, 2024

 

Ask any former prosecutor. Special Counsel Jack Smith’s decision to bring the purloined documents case against Donald Trump in the Southern District of Florida instead of the District of Columbia was a strategic, if not catastrophic, error.

 

While the acclaimed prosecutor couldn’t have anticipated as hostile a jurist as District Judge Aileen Cannon, he should have expected that South Florida would be trouble regarding jurors sympathetic to the former president and conservative but less esteemed judges than one would find in the District of Columbia where many have a background in classified documents cases.

 

https://washingtonmonthly.com/2024/05/17/jack-smiths-original-sin/

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Posted (edited)
25 minutes ago, herfiehandbag said:

The fix was in on this case from the moment that this inexperienced Trump appointed judge was inexplicably put in charge of trying a case so central to the US national security.

It wasn't inexplicable. From the link above:

 

 There were 26 judges in the Southern District of Florida to whom the case might have been assigned. Actually, Smith’s odds were one in three of getting Cannon because of the peculiarity of local rules, which lumped Fort Pierce and Palm Beach together. Smith needed to draw an inside straight but was dealt the death card.

Edited by jerrymahoney
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28 minutes ago, jerrymahoney said:

It wasn't inexplicable. From the link above:

 

 There were 26 judges in the Southern District of Florida to whom the case might have been assigned. Actually, Smith’s odds were one in three of getting Cannon because of the peculiarity of local rules, which lumped Fort Pierce and Palm Beach together. Smith needed to draw an inside straight but was dealt the death card.


That is 1 chance in 26 or 3.85%.

In fact, Cannon was selected twice in this case once before indictment to determine the need for a special counsel and then later after indictment.

The probability of her being selected for both is now increased to 1 in 667 or 0.15%.

Seemingly Occam would be disappointed by this randomness.
 

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48 minutes ago, Danderman123 said:

Judge Cannon is going to give jury instructions that force acquittal of Trump, even if she is fired afterwards.

Article III Judges


Article III of the Constitution governs the appointment, tenure, and payment of Supreme Court justices, and federal circuit and district judges. These judges, often referred to as “Article III judges,” are nominated by the president and confirmed by the U.S. Senate.

 

Article III states that these judges “hold their office during good behavior,” which means they have a lifetime appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. Article III judgeships are created by legislation enacted by Congress.

 

https://www.uscourts.gov/judges-judgeships/about-federal-judges

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Posted (edited)
4 hours ago, jerrymahoney said:

It wasn't inexplicable. From the link above:

 

 There were 26 judges in the Southern District of Florida to whom the case might have been assigned. Actually, Smith’s odds were one in three of getting Cannon because of the peculiarity of local rules, which lumped Fort Pierce and Palm Beach together. Smith needed to draw an inside straight but was dealt the death card.

So just a statistical possibility - despite her already having dropped a grenade in a related ruling on the case? Quite remarkable!

 

Incidentally, I have a bridge over the Thames in South West London for sale at reasonable terms, should you be so inclined ...

Edited by herfiehandbag
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3 minutes ago, herfiehandbag said:

Incidentally, I have a bridge over the Thames in South West London for sale at reasonable terms, should you be so inclined ...

Gee that sounds like the old line Contest First Prize 1 week in Philadelphia; Second prize 2 weeks in Philadelphia.

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22 hours ago, herfiehandbag said:

The fix was in on this case from the moment that this inexperienced Trump appointed judge was inexplicably put in charge of trying a case so central to the US national security.

 

"Trying the case" is the central phrase. She is determined to ensure that the case does not come to trial.

 

If Trump wins in November this case along with all other Federal prosecutions will disappear in the resulting emasculation of the judicial system, States will come under almost irresistible pressure to abandon theirs.

 

If Trump loses in November then the gloves will come off in an attempt to bully and threaten the judicial system. Either way, the rule of law and democracy in the US faces a huge existential threat. Once  he has the executive branch, the legislative branch and has destroyed the legislative branch, musing about a third term is the least of your worries, you will have a dictatorship, plain and simple. It will be over. Trump or his anointed successors.

 

Still, it will be vaguely amusing watching assorted political sycophants scavenging through the debris.

Yes... only democrat appointed judges are acceptable... right???

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21 hours ago, LosLobo said:

 

From the outset, blind Freddy could see Aileen (Loose) Cannon has been in Trump's pocket.

Her initial decision to approve Trump's request for a special counsel to supervise the documents case, contrary to DOJ guidelines, and which was later overturned on appeal by the 11th Circuit, suggests preferential treatment.

 

This assumes, of course, that one understands the significance of 'special' in the term special counsel.

 

Typically, common criminals do not receive such consideration.

 

She is making mockery of the principle of 'equal treatment under the law.'

 

Aileen Cannon, Trump-appointed judge, assigned initially to oversee documents case - CBS News


 

As opposed to the liberal left judge in NYCity who is right now making a mockery of the legal system... right???

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36 minutes ago, nattaya09 said:

Compared to Engoron and Merchan, Cannon is practically SCOTUS material

You quite possibly have hit on her price to betray our government 

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1 hour ago, Skipalongcassidy said:

As opposed to the liberal left judge in NYCity who is right now making a mockery of the legal system... right???

Wrong!!! 

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On 5/21/2024 at 1:14 PM, billd766 said:

IMHO the judge should have recused herself from the case altogether.

On that basis it would be virtually impossible to find a judge that could take the case. Is there a single person the US that does not have strong views one way or other about Trump?

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On 5/21/2024 at 1:21 PM, EVENKEEL said:

It's only justice if it goes against Trump. The hypocrisy is overwhelming. But, ole joe won't be charged because he's too senile and forgetful. 

Indeed he is, but still considered as a viable candidate for POTUS. Xi and Putin ( and many other leaders ) must be wondering just how politics in the US became so barking, that it is a head to head between 2 geriatrics, one of which has 90 + court cases pending and the other talks to dead people and falls over.

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6 minutes ago, thaibeachlovers said:

Indeed he is, but still considered as a viable candidate for POTUS. Xi and Putin ( and many other leaders ) must be wondering just how politics in the US became so barking, that it is a head to head between 2 geriatrics, one of which has 90 + court cases pending and the other talks to dead people and falls over.

Nothing wrong in talking to dead people. I talk to my parents quite often. and a couple of good friends here in Thailand who have died in the past 2 years.

 

As for falling over, that is simply a balance problem that comes to a lot of people when they get older, some medication, treatment and exercise can help.

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20 minutes ago, thaibeachlovers said:

Is there a single person the US that does not have strong views one way or other about Trump?

Yeah, the 34% of US citizens who never vote and are not interested in politics in the least.

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20 minutes ago, billd766 said:

Nothing wrong in talking to dead people. I talk to my parents quite often. and a couple of good friends here in Thailand who have died in the past 2 years.

 

As for falling over, that is simply a balance problem that comes to a lot of people when they get older, some medication, treatment and exercise can help.

LOL. Most old people are not trying to be POTUS. Does that make no difference to your opinion?

They are older than I and I would not consider myself to be capable of leading the free world. Comes a time when one is just too old to do a job and POTUS is definitely one of them. IMO retirement age should be the cut off for standing for any political position.

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50 minutes ago, thaibeachlovers said:

LOL. Most old people are not trying to be POTUS. Does that make no difference to your opinion?

They are older than I and I would not consider myself to be capable of leading the free world. Comes a time when one is just too old to do a job and POTUS is definitely one of them. IMO retirement age should be the cut off for standing for any political position.

Both of them are far too old to be running for the job of POTUS. IMHO given that there is a 2 term limit of 4 years each, the incoming POTUS should be limited in age of 51 at the start of the job.

 

ALL the senators and representatives should be no older than 59 at the end of their current term. That would ensure a clear out of all the old codgers and seat warmers and allow a fresh generation of politicians to climb the greasy pole of politics.

 

It should also be applied to all countries worldwide with NO exceptions.

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1 hour ago, mikebike said:

Yeah, the 34% of US citizens who never vote and are not interested in politics in the least.

They've been struggling all their lives.To busy to know who's forking them.

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