Judge Cannon has blown it.

[struth]

He’s already appealed it twice and twice Cannon was overturned. Third time’s the charm.

He keeps appealing clearly delay tactics

 

[John Edgar Slow Horses]

struth, you just don't get it almost ever. Damaged Eagle simply can't see beyond his blinders.

The PRA has no part in the trial.

 

[Hutch Starskey]

Here's some good news in that case:

Smith wrote in a filing on April 2 that if a jury was sworn in and Cannon then ruled that Trump should be acquitted because he had a legal right to retain the documents, then prosecutors would not be permitted to appeal—as the federal double jeopardy rule means a defendant cannot be tried for the same crime twice.

Great. Why should a prosecutor be allowed to "appeal" a jury's not guilty verdict?

Get over yourself, you didn't prove your case.

Except Cannon is wrong on the law. Trump had no legal rights to the documents. That’s her literally trying to fix the trial for Trump.

 

[Hutch Starskey]

He keeps appealing clearly delay tactics

He keeps appealing judicial malpractice. He keeps winning the arguments.

 

[struth]

struth, you just don't get it almost ever. Damaged Eagle simply can't see beyond his blinders.

The PRA has no part in the trial.

Keep delaying…keep delaying

 

[Seymour Flops]

Except Cannon is wrong on the law. Trump had no legal rights to the documents. That’s her literally trying to fix the trial for Trump.

I haven’t heard of Cannon stating that Trump has a right to the documents. It appears that her plan is to let the jury decide, which duh is what the jury is for

Democrats on here. Get a lot of the details wrong about Trump handling of the documents, But it’s well known by the people involved in the trial that Trump had documents with classified markings long after his presidency. I doubt that any of that is going to be disputed factually.

So the jury will have to decide whether Trump was in violation of the law by keeping those documents. Smith’s Desire that Judge Cannon basically direct the jury to find him guilty is pretty silly to be frank.

 

[struth]

He keeps appealing judicial malpractice. He keeps winning the arguments.

He keeps delaying

Remind me? Why isn’t Bob McDonnell in jail?

 

[Hutch Starskey]

The key point is that appellate court review on an interlocutory basis is hard to get because it requires a compelling basis. And if Smith pursues that course, it will almost certainly mean weeks of delay that knocks the case off the trial calendar.

Even at that, Judge Cannon's order to the parties is a routine pre-trial step. What Smith dislikes is that it hints at preservation of the Presidential Records Act as an issue of fact for the jury. What Smith wants is for no such defense to be available for Trump.

Smith knows that he has been outplayed and that the documents case is unlikely to go to trial before the election. I
understand the point of option #1 from judge Cannon is that the prosecutor would have to allow the jurors to see all of the documents he claims were illegally held by Trump and judge whether they were secret documents or personal papers.

Smith does not want the jury, or even Trump, to see the documents upon which he has built his case.

The PRA is not a defense to the charges in any way. To suggest it does indicates a lack of understanding of the law.

 

[Seymour Flops]

It is absolutely hilarious that so many Democrats on here have been citing the presidential records act as a reason Trump was required to handover every single piece of paper from the White House as he left office. Now… Because Jack Smith told them, so… All these messageboard legal experts think that the PRA has nothing to do with the case.

 

[WorldWatcher]

I haven’t heard of Cannon stating that Trump has a right to the documents. It appears that her plan is to let the jury decide, which duh is what the jury is for.

Incorrect.

The jury is there to decide questions of fact, not questions of law.

WW

 

[struth]

The PRA is not a defense to the charges in any way. To suggest it does indicates a lack of understanding of the law.

Why doesn’t Smith let the jury make that determination? Why the delay tactics?

 

[Seymour Flops]

Incorrect.

The jury is there to decide questions of fact, not questions of law.

WW

Do you have a source for that claim?

If you are correct, then judge, Cannon will tell them the law, and they will decide whether the facts fit the law for a conviction or an acquittal. Then Smith can cry about it all he likes. as said, he’s used to losing.

 

[Hutch Starskey]

I haven’t heard of Cannon stating that Trump has a right to the documents. It appears that her plan is to let the jury decide, which duh is what the jury is for

Democrats on here. Get a lot of the details wrong about Trump handling of the documents, But it’s well known by the people involved in the trial that Trump had documents with classified markings long after his presidency. I doubt that any of that is going to be disputed factually.

So the jury will have to decide whether Trump was in violation of the law by keeping those documents. Smith’s Desire that Judge Cannon basically direct the jury to find him guilty is pretty silly to be frank.

Derp…
The jury doesn’t decide the law. The judge does. Cannon knows full well that Trump had no right to retain those documents and that using the PRA as an attempted defense is not either the proper application of that law or a defense for the charges at hand. She’s attempting to create a loophole that could allow Trump to walk. A judge cannot subvert the law in an attempt to benefit a defendant.

You get it wrong.

 

[Hutch Starskey]

He keeps delaying

Remind me? Why isn’t Bob McDonnell in jail?

Cannon keeps losing.

 

[Hutch Starskey]

Why doesn’t Smith let the jury make that determination? Why the delay tactics?

Juries don’t decide what the law says or doesn’t say. The judge does that.
Juries decide if the facts fit the law.

 

[struth]

Cannon keeps losing.

What does she have to do with Bob McDonnell?

Why the delay tactics?

 

[struth]

Juries don’t decide what the law says or doesn’t say. The judge does that.
Juries decide if the facts fit the law.

Haha of course they do. What do you think a jury decides??!?

Why is Smith scared of the jury?

 

[Rumpole]

What is going on then…

Read the OP

 

[struth]

Read the OP

I did

 

[WorldWatcher]

It is absolutely hilarious that so many Democrats on here have been citing the presidential records act as a reason Trump was required to handover every single piece of paper from the White House as he left office.

If so many DEMs are making that claim that you make, then they should actually read the law.

The PRA of 1978 requires the President to turn over Presidential Records at the end of his time in office. The PRA pretty clearly defines what documents the President can take with him when he leaves office.

Presidential Records (44 U.S.C. Chapter 22)

(44 U.S.C. Chapter 22) § 2201. Definitions § 2202. Ownership of Presidential records § 2203. Management and custody of Presidential records § 2204. Restrictions on access to Presidential records § 2205. Exceptions to restricted access § 2206. Regulations § 2207. Vice-Presidential records § Note...

www.archives.gov

Now… Because Jack Smith told them, so… All these messageboard legal experts think that the PRA has nothing to do with the case.

It doesn't because FPOTUS#45 is charged with willful retention of classified documents (i.e. national defense information) and since the ONLY documents he is charged with retaining are classified and therefore the property of the United States Government as no reasonable person believes they fall under the definition of "Personal Records" contained in the PRA.

WW