News organizations, led by The Times and CNN, have also opposed Smith's efforts to shield the names.
        • IHeartBadCode@kbin.social
          0·
          1 year ago

          Yep. Jeopardy refers to the danger of conviction, and the understanding is that the point when the 5th attaches is when a jury is sworn or the first witness is heard. In mistrial, the fifth does not attach so long as there is minimum delay between juries and the prosecutor has not had enough time to strengthen their case.

          If the federal government wants to disqualify Judge Cannon, they must do so before this moment of attachment. Because if there is judicial misconduct the case can be halted but there’s no way that the disqualification process would satisfy minimum disruption, and thus Trump would be found not-guilty on a technicality with no possible way to bring back the Federal charges he faces.

          • Froyn@kbin.social
            2·
            1 year ago

            “Only break one law at a time.” If you’re going to drink underage, don’t drive. If you’ve got a defective tail light, don’t speed.

            So even if this case (willful retention of documents and obstruction to their return) is tossed. They could use the same case and now prosecute for Treason (sharing/selling documents). He’d be lucky to get convicted on the first set of charges to avoid the second.

  • EvilColeslaw@beehaw.orgEnglish
    7·
    1 year ago

    Not a huge deal. Trump and Nauta get the list anyway. Filing it under seal just hides it from the public and press, and this denial was essentially that the prosecution didn’t even make an argument as to why it should be sealed. The court wants a reason, not “just because.”

    • Snapz@beehaw.orgEnglish
      3·
      1 year ago

      Seems you’re trying to cosign garbage.

      If witnesses are tampered with and trump/nauta were given the list exclusively outside of prosecution, it narrows the view of what likely happened.

      If the list is wide public, the leonard leos and roger stones of the world can go attempt to tamper with these people on trump’s behalf.

      You’re trying to say the wrong thing with confidence and hoping nobody calls you on it.