FBI search warrant executed at Mar-a-Lago (Update: Trump Indicted!)

[Progressive Pessimist]

A broken clock is right twice a day.

I think it's in bad faith though, just to make her seem more impartial.

[emailking]

I think she punted on it more so than denied it. They can bring it up again when they discuss jury selection issues.

[brucejoel99]

https://twitter.com/KatiePhang/status/1768383254661407090

Cannon denied this...this really drives home how bad of an argument it was.

https://twitter.com/emptywheel/status/1768279507234898358https://twitter.com/harrylitman/status/1768407509382099436

I think she punted on it more so than denied it. They can bring it up again when they discuss jury selection issues.

Actually was jury instructions when she said she'd be better-suited to resolve this supposed unclarity of "unauthorized" re: unauthorized possession of docs containing national defense information that one is "entitled to receive."

A broken clock is right twice a day.

I think it's in bad faith though, just to make her seem more impartial.

And it's not like the government is in a position to appeal an "erroneous" acquittal here even if her jury instructions down the line just oh-so-conveniently happen to entirely misconstrue the statute defining the requirements to convict.

[emailking]

Weissmann says this is the worst possible decision for the government as it blocks them from going to the 11th circuit. It's only a denial for right now because she's didn't rule they won (or lost).

[brucejoel99]

Weissmann says this is the worst possible decision for the government as it blocks them from going to the 11th circuit. It's only a denial for right now because she's didn't rule they won (or lost).

It all falls on the shoulders of the 12, may they be made of steel.

[Badger]

A broken clock is right twice a day.

Denying this motion is an easy slam dunk for Cannon to try to appear remotely non-partisan in this. She would have been reversed on appeal in a heartbeat if she had granted the motion and surely been removed from the case

[brucejoel99]

https://twitter.com/KatiePhang/status/1769851961363349687https://twitter.com/emptywheel/status/1769851330707722450https://twitter.com/secretsandlaws/status/1769853373128245456

[brucejoel99]

https://twitter.com/KatiePhang/status/1769851961363349687
https://twitter.com/emptywheel/status/1769851330707722450
https://twitter.com/secretsandlaws/status/1769853373128245456

https://twitter.com/KatiePhang/status/1769852959049830707https://twitter.com/KatiePhang/status/1769853801295421492https://twitter.com/BradMossEsq/status/1769859451496919066

[brucejoel99]

https://twitter.com/KatiePhang/status/1769851961363349687
https://twitter.com/emptywheel/status/1769851330707722450
https://twitter.com/secretsandlaws/status/1769853373128245456

https://twitter.com/KatiePhang/status/1769852959049830707
https://twitter.com/KatiePhang/status/1769853801295421492
https://twitter.com/BradMossEsq/status/1769859451496919066

https://twitter.com/emptywheel/status/1769861128681570620https://twitter.com/MarkSZaidEsq/status/1769861617762570738https://twitter.com/AWeissmann_/status/1769861918196371461

[brucejoel99]

https://twitter.com/KatiePhang/status/1769851961363349687
https://twitter.com/emptywheel/status/1769851330707722450
https://twitter.com/secretsandlaws/status/1769853373128245456

https://twitter.com/KatiePhang/status/1769852959049830707
https://twitter.com/KatiePhang/status/1769853801295421492
https://twitter.com/BradMossEsq/status/1769859451496919066

https://twitter.com/emptywheel/status/1769861128681570620
https://twitter.com/MarkSZaidEsq/status/1769861617762570738
https://twitter.com/AWeissmann_/status/1769861918196371461

https://twitter.com/secretsandlaws/status/1769865121323458868https://twitter.com/KatiePhang/status/1769862425434607827https://twitter.com/KatiePhang/status/1769862429935055311https://twitter.com/BradMossEsq/status/1769864998971732470https://twitter.com/robkelner/status/1769866644266815672https://twitter.com/emptywheel/status/1769868251972968653

[emailking]

I'd be lying if I said I understood all this, although I'm also trying to watch a movie about schizophrenia .

[brucejoel99]

I'd be lying if I said I understood all this, although I'm also trying to watch a movie about schizophrenia .

TL;DR: hack Cannon writing hackish cannon fodder

https://twitter.com/bradmossesq/status/1769868751342637447https://twitter.com/bradmossesq/status/1769869306647466267

[brucejoel99]

https://twitter.com/bradmossesq/status/1770196235502186910

[Ljube]

I'd say part of Cannon's plan to schedule her trial thus preventing scheduling of other trials and then dismiss it before the closing arguments.

[brucejoel99]

I'd say part of Cannon's plan to schedule her trial thus preventing scheduling of other trials and then dismiss it before the closing arguments.

This point is actually a big risk she's taking with her jury instructions, to the extent that if she takes this firm departure from her current death-by-a-thousand-cuts strategy by giving the Special Counsel something absolutely critical to appeal to the 11th Circ., it may be so bad that we now see the panel sua-sponte order reassignment to a new judge on remand.

[Ljube]

I'd say part of Cannon's plan to schedule her trial thus preventing scheduling of other trials and then dismiss it before the closing arguments.

This point is actually a big risk she's taking with her jury instructions, to the extent that if she takes this firm departure from her current death-by-a-thousand-cuts strategy by giving the Special Counsel something absolutely critical to appeal to the 11th Circ., it may be so bad that we now see the panel sua-sponte order reassignment to a new judge on remand.

It doesn't matter. Trump DOJ will withdraw the appeal and the charges.

[brucejoel99]

I'd say part of Cannon's plan to schedule her trial thus preventing scheduling of other trials and then dismiss it before the closing arguments.

This point is actually a big risk she's taking with her jury instructions, to the extent that if she takes this firm departure from her current death-by-a-thousand-cuts strategy by giving the Special Counsel something absolutely critical to appeal to the 11th Circ., it may be so bad that we now see the panel sua-sponte order reassignment to a new judge on remand.

It doesn't matter. Trump DOJ will withdraw the appeal and the charges.

Ok buddy

[Ferguson97]

I'd say part of Cannon's plan to schedule her trial thus preventing scheduling of other trials and then dismiss it before the closing arguments.

This point is actually a big risk she's taking with her jury instructions, to the extent that if she takes this firm departure from her current death-by-a-thousand-cuts strategy by giving the Special Counsel something absolutely critical to appeal to the 11th Circ., it may be so bad that we now see the panel sua-sponte order reassignment to a new judge on remand.

It doesn't matter. Trump DOJ will withdraw the appeal and the charges.

And if Trump doesn't win in November?

[Ljube]

I'd say part of Cannon's plan to schedule her trial thus preventing scheduling of other trials and then dismiss it before the closing arguments.

This point is actually a big risk she's taking with her jury instructions, to the extent that if she takes this firm departure from her current death-by-a-thousand-cuts strategy by giving the Special Counsel something absolutely critical to appeal to the 11th Circ., it may be so bad that we now see the panel sua-sponte order reassignment to a new judge on remand.

It doesn't matter. Trump DOJ will withdraw the appeal and the charges.

And if Trump doesn't win in November?

Then it doesn't matter because he will be convicted.

All that matters is that all trials are delayed until after the election, except for this one, which will be dismissed shortly before the election.

Then, if Trump wins, this case and the Jan 6 case get to disappear.
The other two get frozen until 2029 and then they may not even try Trump if his dementia gets worse.

[emailking]

All that matters is that all trials are delayed until after the election, except for this one, which will be dismissed shortly before the election.

Is that all that matters to you, or all you think matters to Trump?

Because some days I'm really not sure where you're coming from on Trump's trials.

[Ljube]

All that matters is that all trials are delayed until after the election, except for this one, which will be dismissed shortly before the election.

Is that all that matters to you, or all you think matters to Trump?

Because some days I'm really not sure where you're coming from on Trump's trials.

It is all that matters to Cannon and Trump of course.

[Badger]

I'd say part of Cannon's plan to schedule her trial thus preventing scheduling of other trials and then dismiss it before the closing arguments.

This point is actually a big risk she's taking with her jury instructions, to the extent that if she takes this firm departure from her current death-by-a-thousand-cuts strategy by giving the Special Counsel something absolutely critical to appeal to the 11th Circ., it may be so bad that we now see the panel sua-sponte order reassignment to a new judge on remand.

It doesn't matter. Trump DOJ will withdraw the appeal and the charges.

Ok buddy

In fairness, that is exactly Trump's legal strategy for the federal cases pending against him. In the fact is that even if he goes to trial and is convicted before the election his appeals would last far into 2025, thus giving him the authorization to order the Department of Justice to dismiss all charges, even if his conviction is pending on appeal. In short, if he's elected he can and will successfully order all federal charges against him dropped.

Now that won't help him in the Georgia and New York State prosecutions. However, could he then once again raise the argument that a sitting president cannot be prosecuted while serving their term of office? If so, that would of course delay any prosecution out till early 2029 and God knows how the cases will stand then. Plus he'll be in his early 80s and may just be willing to delay the cases out through appeals till he's dead or dying.

[brucejoel99]

I'd say part of Cannon's plan to schedule her trial thus preventing scheduling of other trials and then dismiss it before the closing arguments.

This point is actually a big risk she's taking with her jury instructions, to the extent that if she takes this firm departure from her current death-by-a-thousand-cuts strategy by giving the Special Counsel something absolutely critical to appeal to the 11th Circ., it may be so bad that we now see the panel sua-sponte order reassignment to a new judge on remand.

It doesn't matter. Trump DOJ will withdraw the appeal and the charges.

Ok buddy

In fairness, that is exactly Trump's legal strategy for the federal cases pending against him. In the fact is that even if he goes to trial and is convicted before the election his appeals would last far into 2025, thus giving him the authorization to order the Department of Justice to dismiss all charges, even if his conviction is pending on appeal. In short, if he's elected he can and will successfully order all federal charges against him dropped.

Now that won't help him in the Georgia and New York State prosecutions. However, could he then once again raise the argument that a sitting president cannot be prosecuted while serving their term of office? If so, that would of course delay any prosecution out till early 2029 and God knows how the cases will stand then. Plus he'll be in his early 80s and may just be willing to delay the cases out through appeals till he's dead or dying.

Then he better pray it doesn't get reassigned from Cannon because once a guilty verdict has been rendered on federal charges by way of plea or trial-by-jury, it requires leave from the court to have them dismissed under Rule 48(a) so that's technically up to the discretion of the district court trial judge, see: for example, the motion to dismiss Flynn's charges not being granted allowing them to remain pending 'til he was pardoned.

[brucejoel99]

https://twitter.com/kyledcheney/status/1773087479387533799

[Badger]

I'd say part of Cannon's plan to schedule her trial thus preventing scheduling of other trials and then dismiss it before the closing arguments.

This point is actually a big risk she's taking with her jury instructions, to the extent that if she takes this firm departure from her current death-by-a-thousand-cuts strategy by giving the Special Counsel something absolutely critical to appeal to the 11th Circ., it may be so bad that we now see the panel sua-sponte order reassignment to a new judge on remand.

It doesn't matter. Trump DOJ will withdraw the appeal and the charges.

Ok buddy

In fairness, that is exactly Trump's legal strategy for the federal cases pending against him. In the fact is that even if he goes to trial and is convicted before the election his appeals would last far into 2025, thus giving him the authorization to order the Department of Justice to dismiss all charges, even if his conviction is pending on appeal. In short, if he's elected he can and will successfully order all federal charges against him dropped.

Now that won't help him in the Georgia and New York State prosecutions. However, could he then once again raise the argument that a sitting president cannot be prosecuted while serving their term of office? If so, that would of course delay any prosecution out till early 2029 and God knows how the cases will stand then. Plus he'll be in his early 80s and may just be willing to delay the cases out through appeals till he's dead or dying.

Then he better pray it doesn't get reassigned from Cannon because once a guilty verdict has been rendered on federal charges by way of plea or trial-by-jury, it requires leave from the court to have them dismissed under Rule 48(a) so that's technically up to the discretion of the district court trial judge, see: for example, the motion to dismiss Flynn's charges not being granted allowing them to remain pending 'til he was pardoned.

Doesn't matter. The Trump Department of Justice could and would simply decline to file any appellate briefing or just even concede whole scale error to the 11th circuit.. and that assumes any other district judge would somehow try to force the government into trying a case when they have no intention of doing so. Besides, I think judge Cannon is safe from being removed at this point unless you really screws up