Smith's patience has expired.

[Rumpole]

Motion in limine for what? Write of mandamus for her to do what?

Motion in Limine - Definition, Examples, Processes

Motion in limine defined and explained with examples. A motion made to the court before a jury has been selected in either a civil or a criminal case

legaldictionary.net

writ of mandamus

Definition of writ of mandamus in the Legal Dictionary by The Free Dictionary

legal-dictionary.thefreedictionary.com

Figure it out. I'm not doing your homework for you.

 

[Aldo Raine]

Cannon should smack Smith down with a gag order, just sayin.

That is EXACTLY what she should do! And do it immediately!
MAGA

 

[Marener]

That is EXACTLY what she should do! And do it immediately!
MAGA

What do you mean by a “gag order”?

 

[SavannahMann]

Not the point.
Does the PRA give the president the power to say what is his personal property or not?
As far as nuclear secrets, I'm sure Biden had them all over, his garage, the Chinese place, the shore, etc. (I forget all the places he had them)

Yes and no. With classified documents the Espionage Act is the determining law. As I said before.

 

[Care4all]

Not the point.
Does the PRA give the president the power to say what is his personal property or not?
As far as nuclear secrets, I'm sure Biden had them all over, his garage, the Chinese place, the shore, etc. (I forget all the places he had them)

Under no conditions does the PRA allow a president to say that any government generated document by other agencies, can be a claim to be a president's Personal papers.

 

[berg80]

Motion in Limine - Definition, Examples, Processes

Motion in limine defined and explained with examples. A motion made to the court before a jury has been selected in either a civil or a criminal case

legaldictionary.net

writ of mandamus

Definition of writ of mandamus in the Legal Dictionary by The Free Dictionary

legal-dictionary.thefreedictionary.com

Figure it out. I'm not doing your homework for you.

I heard a former DoJ official say during an interview she thought a motion in limine would be in order rather than a writ of mandamus. Because it would serve the purpose of forcing Cannon to rule on the matter of the PRA's application to the case, for which it has none. If she idiotically rules it is applicable then Smith would appeal to the 11th circuit.

 

[Hollie]

Special Counsel Jack Smith Is Done With Judge Aileen Cannon And Lets It Show

In a new filing that bluntly confronts U.S. District Judge Aileen Cannon, Special Counsel Jack Smith takes a new tone of incredulousness and disdain for her mishandling of the Mar-a-Lago classified documents case.

The issue at hand is her failure to have yet ruled on Donald Trump’s motion to dismiss based on his inane, unprecedented, and counterfactual reading of the Presidential Records Act. Instead of rejecting the argument out of hand, Cannon not only is entertaining it but ordered the two sides to propose jury instructions based on two different deeply flawed interpretations of the PRA.

That set up an nearly impossible challenge for Smith: How do you draft jury instructions that are so wrong on the law without looking like an idiot, undermining your own case, and pissing of the judge?

The answer: You can’t.

So Smith went all in, no longer trying to placate, educate, or hand-hold Cannon.

Smith ripped her interpretations of the PRA: “both of the Court’s scenarios are fundamentally flawed and any jury instructions that reflect those scenarios would be error.” He said her “legal premise is wrong” and her requested jury instructions “would distort the trial.”
Special Counsel Jack Smith Loses Patience With Judge Aileen Cannon

Not a great idea to antagonize a Trump toady but some things need to be done. She's made it clear she is unqualified to be on this case from the standpoint of experience, an understanding of the law, and a lack of impartiality. Good for Smith that he has called her out.

Smith be big mad.

He's a petulant child who is likely getting heat from his bosses in the corrupt DOJ for mishandling the lynching of Trump.

 

[Rawley]

Motion in Limine - Definition, Examples, Processes

Motion in limine defined and explained with examples. A motion made to the court before a jury has been selected in either a civil or a criminal case

legaldictionary.net

writ of mandamus

Definition of writ of mandamus in the Legal Dictionary by The Free Dictionary

legal-dictionary.thefreedictionary.com

Figure it out. I'm not doing your homework for you.

You can't support your bullshit, no skin off my nose. Noted.

 

[berg80]

Smith be big mad.

He's a petulant child who is likely getting heat from his bosses in the corrupt DOJ for mishandling the lynching of Trump.

Is he frustrated with Cannon's bias and incompetence? Yes.

 

[Hollie]

Is he frustrated with Cannon's bias and incompetence? Yes.

It seems there's a bias and frustration on your part that the Judge is not the DIE hire flunky that you were hoping for.

 

[berg80]

Under no conditions does the PRA allow a president to say that any government generated document by other agencies, can be a claim to be a president's Personal papers.

The PRA says the opposite of what Trump claims it says.

 

[berg80]

It seems there's a bias and frustration on your part that the Judge is not the DIE hire flunky that you were hoping for.

A conservative appeals court repeatedly reversed her rulings in the lawsuit, scolding her for giving Trump special treatment no other private citizen would receive, and shut down the review. Now, critics accuse Cannon of – purposely or not – playing into Trump's strategy of delaying the trial until after the election.

https://www.cnn.com/2024/04/03/politics/legal-fights-judge-trump-documents-trial/index.html#:~:text=A%20conservative%20appeals%20court%20repeatedly,trial%20until%20after%20the%20election.

 

[Hollie]

A conservative appeals court repeatedly reversed her rulings in the lawsuit, scolding her for giving Trump special treatment no other private citizen would receive, and shut down the review. Now, critics accuse Cannon of – purposely or not – playing into Trump's strategy of delaying the trial until after the election.

https://www.cnn.com/2024/04/03/politics/legal-fights-judge-trump-documents-trial/index.html#:~:text=A%20conservative%20appeals%20court%20repeatedly,trial%20until%20after%20the%20election.

You should have read what you cut and pasted.

''A conservative appeals court repeatedly reversed her rulings in the lawsuit, scolding her for giving Trump special treatment no other private citizen would receive, and shut down the review.''

The above is an opinion of the writer. Why don't you cut and paste the relevant, documented case law that supports the above opinion?

What, specifically, was the 'scolding' all about?

 

[berg80]

You can't support your bullshit, no skin off my nose. Noted.

Putting that to the side, though, as Smith’s new response makes crystal clear, Cannon’s order suffered from an even more fundamental problem: Both options rest on badly misconceived assumptions about the law.

Cannon’s first scenario would allow the jury to make a factual determination about whether a former president deemed a record to be personal or official under the PRA. That is nonsensical – presidents are not allowed to designate official records as personal ones, so there is no factual issue for a jury to resolve.

A different set of laws govern the classification process and the rules for handling highly sensitive classified documents — not the PRA. They include Executive Order 13526. One of the authors of this column (Eisen) helped write that executive order. The 11th Circuit has already established that those rules fully apply to former presidents.

Cannon seems to think that the PRA somehow supersedes the executive order and the rest of federal law pertaining to the handling of classified materials. It does not. On the contrary, the PRA defines “personal records” as “all documentary materials … of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.” That cannot possibly include highly classified battle plans, nuclear secrets and the other official documents at issue in this criminal prosecution.

https://www.cnn.com/2024/04/03/opinions/aileen-cannon-trump-mar-a-lago-case-eisen-perry-kolb/index.html

 

[berg80]

The above is an opinion of the writer.

It is a fact that the 11th circuit has a majority of judges appointed by Repub prez's. It's also a fact it reversed her decision regarding a special master.

On Dec. 1, in a unanimous per curiam decision, the U.S. Court of Appeals for the 11th Circuit ruled to reverse an order issued by U.S. District Judge Aileen Cannon to appoint a special master to oversee the review of classified documents seized from former President Donald Trump's Mar-a-lago residence on Aug. 8.

11th Circuit Vacates Cannon’s Order to Appoint a Special Master in Mar-a-lago Investigation

The U.S. Court of Appeals for the 11th Circuit ruled to reverse an order issued by U.S. District Judge Aileen Cannon to appoint a special master to oversee the review

www.lawfaremedia.org

I eagerly await your apology.

 

[Care4all]

Smith be big mad.

He's a petulant child who is likely getting heat from his bosses in the corrupt DOJ for mishandling the lynching of Trump.

Jebus! Special Counsels and Prosecutors are special, because they are independent of the DOJ in their decision making and investigating.

 

[Hollie]

It is a fact that the 11th circuit has a majority of judges appointed by Repub prez's. It's also a fact it reversed her decision regarding a special master.

On Dec. 1, in a unanimous per curiam decision, the U.S. Court of Appeals for the 11th Circuit ruled to reverse an order issued by U.S. District Judge Aileen Cannon to appoint a special master to oversee the review of classified documents seized from former President Donald Trump's Mar-a-lago residence on Aug. 8.

11th Circuit Vacates Cannon’s Order to Appoint a Special Master in Mar-a-lago Investigation

The U.S. Court of Appeals for the 11th Circuit ruled to reverse an order issued by U.S. District Judge Aileen Cannon to appoint a special master to oversee the review

www.lawfaremedia.org

I eagerly await your apology.

What you cut and pasted earlier was, ''A conservative appeals court repeatedly reversed her rulings in the lawsuit,''

You cut and pasted a single ruling. There didn't appear to be any 'scolding' involved. Rulings do get overturned and sometimes those are stayed upon further appeal.

I eagerly await your, "but... but... but... but what about...'' cut and paste.

 

[berg80]

How biased (or stupid) is Cannon?

The 11th Circuit found that Cannon “improperly exercised equitable jurisdiction” in hearing the case and that the entire proceeding should be dismissed. Notably, the court also found that regardless of the status of a document in question (personal or presidential), the government maintains the authority to seize it under a warrant supported by probable cause.

The panel wrote, “The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.”

 

[Rawley]

Putting that to the side, though, as Smith’s new response makes crystal clear, Cannon’s order suffered from an even more fundamental problem: Both options rest on badly misconceived assumptions about the law.

Cannon’s first scenario would allow the jury to make a factual determination about whether a former president deemed a record to be personal or official under the PRA. That is nonsensical – presidents are not allowed to designate official records as personal ones, so there is no factual issue for a jury to resolve.

A different set of laws govern the classification process and the rules for handling highly sensitive classified documents — not the PRA. They include Executive Order 13526. One of the authors of this column (Eisen) helped write that executive order. The 11th Circuit has already established that those rules fully apply to former presidents.

Cannon seems to think that the PRA somehow supersedes the executive order and the rest of federal law pertaining to the handling of classified materials. It does not. On the contrary, the PRA defines “personal records” as “all documentary materials … of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.” That cannot possibly include highly classified battle plans, nuclear secrets and the other official documents at issue in this criminal prosecution.

https://www.cnn.com/2024/04/03/opinions/aileen-cannon-trump-mar-a-lago-case-eisen-perry-kolb/index.html

Yes, you've posted that bullshit before.

 

[Care4all]

You should have read what you cut and pasted.

''A conservative appeals court repeatedly reversed her rulings in the lawsuit, scolding her for giving Trump special treatment no other private citizen would receive, and shut down the review.''

The above is an opinion of the writer. Why don't you cut and paste the relevant, documented case law that supports the above opinion?

What, specifically, was the 'scolding' all about?

Why don't you know this already? Was it kept away from you in your closed circuit media? It isn't an opinion, it is FACT, the appeals court rejected her decisions, out right as unconstitutional and wrong, on two separate occasions!