Former President Donald Trump’s attorneys asked a federal judge Monday to reject special counsel Jack Smith’s request for a gag order in the classified documents case and to find the federal prosecutors who wrote the request in contempt.
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.
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.
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.
There are about 8 of them sitting in front of her that she’s ignored so far.
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.
And the case would be dead.
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.
I can just sum this up in a sentence:
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.
Not really though, because they have evidence he moved documents to Bedford.
So, 2nd investigation, more documents seized, new case with the same charges filed in New Jersey or DC this time.
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.
She’s not going to fall for it. She’s been pretty good at doing nothing.