And funny how the case was parachuted into her court.
That’s been analyzed to death by many sources. I believe the TL;DR is “if he didn’t file there, there was a medium-high chance of it being dismissed as it wasn’t filed where the action took place”.
The worst Judiciary that money can buy.
Garland needs to speak up. This is ridiculous.
My god that NR article aged like milk from the very first sentence.
The fundamental mistake a lot of people (me included) have made over the last few years is believing that “stern rebukes” from the 11th Circuit would have any effect, or existing law actually matters at this point to judges like Cannon (and six SC justices). These people are incapable of shame.
Maybe most frightening, they are all acting like don’t believe they have to worry about the pendulum swinging back.
yep. thats why they do everything in their power to not let that happen.
Of course, that’s also what people do when they have fatally overreached themselves…
She obviously chose today to release this. Right after Trump’s nicking his ear and on the day of the Republican convention.
Yep. Right after all of the calls to take down the temperature of the election and the politics. Like everyone forgot who Donald Trump is and the existential nature of him and his party. I’m going to be mad at the both-siderism in the media for a while.
TRUMP: I am a fascist and I will do fascisms!
BIDEN: mumble mumble beat medicare
DEMOCRATS: Whoa, I think we’re gonna lose.
BIDEN: No, no, I’m good! Trump’s a fascist and he must be stopped!
DEMOCRATS: Oh, okay, that’s better.
TRUMP: Lock him up! Hunt the immigrants!
CROOKS: shooty shooty
TRUMP: ow my ear
BIDEN: It’s time to cool it down.
REPUBLICANS: Democrats need to cool it down.
DEMOCRATS: Fuck, what do we do now?
What Judge Cannon did is find a pre-textual basis to end Trump’s Florida case that also now requires that the same question—whether Jack Smith was legally appointed and is legally performing his duties—be presented and dealt with in the D.C. federal criminal case over January 6, which as it happens was the only case Trump still faces that until today had a chance of being heard pre-election.
In short, if Smith is an illegal player in Florida, he’s also an illegal player in D.C. And once Trump raises this newly minted issue in D.C.—which he will once SCOTUS stops artificially holding onto its recent presidential immunity decision for the maximum duration it can (refusing to send the ruling back to Judge Tanya Chutkan in D.C. for further proceedings is another under-reported SCOTUS gift to Trump)—either Judge Chutkan will agree with Judge Cannon and drop Trump’s D.C. criminal case or she will contradict Judge Cannon and create a need for SCOTUS to step in to resolve the divergent holdings in two federal jurisdictions. Either way, Trump wins, as we’ve already seen that SCOTUS will hold up any case of his five to ten times longer than it would for any other litigant, and Election Day is now well under 120 days off.
No paywall.
The legal experts at the Meidas Touch think the ruling is bogus, it will be appealed, and Judge Cannon has taken herself off of the case in dismissing it.
Judge Cannon DISMISSES Trump Document Case | MeidasTouch
Seth Abramson, more pessimistically, thinks that the circuit court will not replace Judge Cannon. Even if she were replaced, the case wouldn’t be heard until after the election. If Trump wins, he will tell his Attorney General to drop all the federal cases against him.
Well, winning is his get-out-of-jail-free card and the end of democracy and of any accountability (if he makes good on one of his promises). Yep.
What is Garland speaking out about this going to accomplish? The federal judiciary doesn’t answer to the Attorney General. Hell, Jack Smith doesn’t answer to the Attorney General. That’s the whole point of a Special Counsel: to eliminate any appearance that the current executive branch administration is directing the investigation and prosecution in question. Garland speaking out would actually undermine the independence of the Special Counsel.
So assuming that the invalidation of the special council’s appointment stands, could a regular prosecutor pick up the case? I mean, they might have to go back to a new grand jury and then get a new judge. Because despite all the attempts by Trump’s attorneys to muddy the waters, it seems like pretty much a slam dunk. The former president kept classified documents after he was told to return them.
Sure. Until Thomas, Alito, et al decide that Trump took the documents while he was still President, meaning it was an official act for which he has presumptive immunity. And, because he claims he declassified them, and he did that while still President, then by definition, there can be no crime.
None of what is happening makes any consistent legal sense. Not what SCOTUS is doing, and certainly not what Cannon just did. I don’t think they care anymore. I think they’re just going to do what they want. I said the other day on that post about the federal district court judge in Texas declaring a law unconstitutional (the moonshine case) that he was overturning established precedent, which a district court judge is not allowed to do. Cannon just did the same thing. The Constitutionality of Special Counsels has already been litigated and found to be Constitutional. SCOTUS is the only judicial body that has the authority to overturn that precedent. District court judges and appeals courts are mandated to follow precedent. They have no discretion to do otherwise. And yet it’s happened twice inside of a week now, both times with a Trump appointee. This is dangerous. This is really fucking dangerous. And not because of the rulings themselves, but because of the outrageous and unprecedented power grab of a district court judge.
We need to stop trying to tie ourselves into pretzels trying to make sense of this shit. It’s clear that the current SCOTUS has veered wildly off script, along with some amount of the federal judiciary, because they are IN ON THE COUP… that means that they’ll do whatever they can, use whatever justification they can, in order get that done…