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 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.
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.