As Trump’s classified docs prosecution goes forward, now w no pretense of trial before the election, Judge #Cannon appears poised to permit him to use pub hearings in the case to sound his campaign themes. 1/… #legal
NEW: Judge #Cannon enters an Order “temporarily staying” the requirement for #Trump to have to file his CIPA Section 5 notice in the MAL classified #documents case.
Sec. 5 requires Trump to disclose to the Government the classified materials he intends on using at trial. #trial
Dozens of fed judges attended wk-long seminars at luxury retreats -receiving free rms, free meals, free $ for travel worth 1000s - & failed to fully disclose as required.
Judges w disclosure issues incl some big names.
Aileen #Cannon, currently presiding over #Trump’s docs case, attended 2wk-long seminars at lux resort near Yellowstone Nat Park...failed to upload disclosure w/in 30 days as required.
After roughly 2 hours of argument, Judge #Cannon seems unlikely to grant motions from Carlos De Oliveira and Walt Nauta to dismiss some or all of the charges against them in #Trump's classified #documents case.... ... ...
What wasn't discussed today? Anything about future timing in the case and when we might get a new trial date. #legal
Judge #Cannon retracted her 2/6 order that wd have unsealed identities of ~2 dozen potential govt witnesses or FBI agents. She thereby likely averted having #JackSmith take her to 11th Cir over the issue
Her 24-pg order is defensive, blaming Jack for not having laid out his argumt more clearly earlier. With some basis tho. Jack’s team isn’t flawless. Its failure to meaningfully respond to #Trump’s & Press Coalition’s argumts for unsealing in Jan was baffling #legal
Judge Aileen #Cannon has partially granted special counsel #JackSmith's motion to redact the names of government witnesses in the classified #documents case.
But Cannon won't make it easy: Smith will still have to justify to the court each name redaction. #legal#TrumpIndictment#Trump
Judge #Cannon sets a motions hearing for April 19 in Ft. Pierce. She’ll hear argument on several of De Oliveira and Nauta’s motions to dismiss/motions for a bill of particulars. #legal#TrumpIndictment#Trump
“A better option? The govt might file a motion asking the Judge to clarify her ruling on PRA. This would be akin to the motion in limine, but it would ask her to clarify/reconsider the order that on the 1 hand seems to deny #Trump’s motion to dismiss under the PRA while simultaneously leaving the possibility of a jury instruction on it open. A failure to respond or clarify the ruling could set up a recusal motion” #legal https://joycevance.substack.com/p/judge-cannon-rules
"A lawyer who worked in Donald Trump's White House has predicted that Judge Aileen Cannon will be removed from the former president's classified documents case."
The point: if #Cannon wants to tank the case for #Trump, there are a ton of ways she can do it other than the PRA (many of which can come during trial). She knows this. #JackSmith knows this. He needs to get her off the case to avoid all this, but will have to wait and pick the best time. That time is not now.
Emptywheel:
If I'm Jack Smith (I'm not ), I wait until she forces the witness ID.
“In an open display of frustration, federal prosecutors on Tuesday night told the judge overseeing #Trump’s classified #documents case that a “fundamentally flawed” order she had issued was causing delays & asked her to quickly resolve a critical dispute about 1 of Trump’s defenses — leaving them time to appeal if needed.
The unusual & risky move by the prosecutors, contained in a 24-pg filing, signaled their mounting impatience w Judge #Cannon” #legal
What's most troubling about #Cannon entertaining #Trump's Presidential Records Act argument is that's she's SEEN all the records now, during the Sec. 4 hearing. She knows they are all highly classified intel products. And yet she's still entertaining this "personal" record BS.
@GottaLaff Harry Litman on Talking Feds says #Cannon entered that crazy ruling for Presidential Records to be introduced for a reason. She will now have that ability during the trial to dismiss all charges with prejudice. I don't pretend to understand the legal rules. But sadly, this trial is done. tRump walks away.
So damn maddening as this was arguably the strongest case between the 4 trials 😡
Judge #Cannon tells #Trump lawyer Todd Blanche his argument that the classified #documents case is the fault of the National Archives is a "red herring."
"NARA is not sitting at the table over there," she added.
Cannon says she'll rule "promptly."
#Trump's separate pres immunity motion hinges on this PRA argument. It's the "official act" underlying the immunity assertion. If #Cannon thinks it's a close call, that means a stay is likely coming.
When we eventually get to Trump's pres immunity assertion, even if Cannon denies it, she will stay the case unless she finds that the assertion is "frivolous." So today will be the early tell as to how she's leaning on this question. #legal#documents