I wondered the same thing. Maybe it at least puts indirect pressure on Cannon to fly right.
Why did Special Counsel Jack Smith charge Trump with illegal retention of classified documents but not with dissemination of such materials? And is that decision final, or could dissemination charges still be in the works?
If Aileen Cannon, the Florida judge assigned to the case, were to seek to pocket-veto the charges before her by, say, scheduling the trial for after the 2024 presidential election, the special counsel would be able to sidestep her tactic by proceeding with charges in New Jersey.
This is the type of stuff I worry about. The authors donât mention anything at all preventing her from doing this. I donât know if I buy the argument that she wouldnât want to damage her career; overtly helping Trump makes her a MAGA hero and, oh, the adulation of that throng.
One of Donald Trumpâs new attorneys proposed an idea in the fall of 2022: The former presidentâs team could try to arrange a settlement with the Justice Department.
The attorney, Christopher Kise, wanted to quietly approach Justice to see if he could negotiate a settlement that would preclude charges, hoping Attorney General Merrick Garland and the department would want an exit ramp to avoid prosecuting a former president. Kise would hopefully âtake the temperature down,â he told others, by promising a professional approach and the return of all documents.
But Trump was not interested after listening to other lawyers who urged a more pugilistic approach, so Kise never approached prosecutors, three people briefed on the matter said. A special counsel was appointed months later.
Kise, a former solicitor general of Florida who was paid $3 million upfront to join Trumpâs team last year, declined to comment.
Trump time and again rejected the advice from lawyers and advisers who urged him to cooperate and instead took the advice of Tom Fitton, the head of the conservative group Judicial Watch, and a range of others who told him he could legally keep the documents and should fight the Justice Department, advisers said. Trump would often cite Fitton to others, and Fitton told some of Trumpâs lawyers that Trump could keep the documents, even as they disagreed, the advisers said.
Itâs always funny to me that Fitton has no legal background whatsoever, no law school or anything. I donât think the article mentions this, hopefully so Trump never finds out. Trust the bicep guy Donald!
Trump : Your honor, Iâd like to say a few words to the court if I may.
Judge : Well, youâre gonna have to stop weirdly leaning forward to address this court, sir.
Trump: All right. Well, in all honesty, I donât feel that what Iâve done is a crime. And I think itâs illogical and irresponsible for you to sentence me to prison. Because, when you think about it, what did I really do? I crossed an imaginary line with a bunch of documents. I mean, you say Iâm an outlaw, you say Iâm a thief, but whereâs the Christmas dinner for the people on relief? Huh? You say youâre looking for someone whoâs never weak but always strong, to gather flowers constantly whether you are right or wrong, someone to open each and every door, but it ainât me, babe, huh? No, no, no, it ainât me, babe. It ainât me youâre looking for, babe. You follow?
Judge : Yeah⌠Gosh, you know, your concepts are really interesting, Mister Trump.
Trump : Thank you.
Judge : Unfortunately for you, the line you crossed was real and the documents you stole were classified, so your bail is denied.
Cannon has handled four criminal trials lasting a total of 14 days. There has never been anyone in more over her head than she is on this case. Free article.
I have no reason to believe this. I think it was a 25% chance that landed.
The chief clerk of the court has said that five active judges were eligible to draw Mr. Trumpâs case, and that Judge Cannonâs odds of receiving it were slightly higher than others because half of her cases come from the West Palm Beach division, where Mar-a-Lago is. The clerk has also said normal procedures were followed in making the assignment.
At the same time, they said, she is demonstrably inexperienced and can bristle when her actions are questioned or unexpected issues arise. The lawyers declined to speak publicly because they did not want to be identified criticizing a judge who has a lifetime appointment and before whom they will likely appear again.
Among other things, most judges would have a large bank of prior decisions to drawn on as templates for new rulings, speeding things up. In this case everything she drafts will have to be from scratch and the case will deal with complicated procedural laws that govern how to deal with criminal cases involving classified information. I thin, even if she were trying hard to be fair, that she will be incapable of handling the matter competently.
My bet is that she will be reversed twice on procedural issues and that the court of appeals will bump her the second time, if not the first. Roberts hates the courts looking like a clownshow, and sheâs gonna make Judge Ito look like Oliver Wendall Holmes.