Tornado Alley (PROG)

[fuagf]

Lawrence O'Donnell says: Trump appointed Judge Cannon, and now Trump is telling Judge Cannon that she will dismiss this case. He says Judge Cannon should have recused herself from the case. He tells us Donald Trump lied in telling his supporters that Biden is prosecuting him. And that Trump's criminal lawyers (four) in their filing themselves "lie in writing" in saying that President Biden is prosecuting his political opponent Donald Trump.
He asks: Will Judge Cannon accept this lie by Trump's four lawyers as fact.

"Opinion | The Espionage Act Has Been Abused — But Not in Trump’s Case
[...]Related: A sigh of relief regarding Judge Cannon
[...]Today, we found out WHY Jack Smith seems unworried. Because this case includes national defense information as
defined by the Espionage Act, it will be governed by the rules of the Confidential Information Production Act, or CIPA.
[...]Joyce just told god and everybody that there's a provision in CIPA that allows for an IMMEDIATE right of EXPEDITED APPEAL. So what does that mean?
P - It means that if Judge Cannon makes a ridiculous ruling that DoJ wants to appeal, SHE does NOT get to set the briefing schedule. The DoJ can appeal IMMEDIATELY to the 11th circuit - the same circuit that vacated TWO of Cannon's rulings in the Special Master case.
P - Further, DoJ can utilize that trigger to IMMEDIATELY ask the 11th circuit to reassign the case to a different judge.
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=172139182"

Related: Aileen Cannon’s Previous Rulings About Trump Demand Her Recusal
By Norman L. Eisen, Richard W. Painter, and Fred Wertheimer
June 12, 20235:50 AM
https://slate.com/news-and-politics/2023/06/trump-indictment-remove-judge-aileen-cannon.html

**

Lawrence: Trump lawyers just told a Trumpian lie to espionage case judge

MSNBC

894,549 views Jul 12, 2023 #jacksmith #trump #msnbc

MSNBC’s Lawrence O’Donnell analyzes the first major filing from Donald Trump’s lawyers in Special Counsel Jack Smith’s classified documents case, which includes the lie that the former president is being prosecuted by President Biden.

https://www.youtube.com/watch?v=jdu5UUrJZmo

**

DOJ Says NFW To Trump Demand That Documents Case Be Scheduled For NEVER

Get ready for Judge Cannon to do her thing.

By Liz Dye July 14, 2023 at 2:45 PM


(Photo by ANDREW CABALLERO-REYNOLDS/AFP/Getty Images)

On Monday, Donald Trump’s lawyers moved .. https://abovethelaw.com/2023/07/trump-requests-trial-date-of-how-about-never/ .. for an indefinite continuance of the documents prosecution in Florida.

“This extraordinary case presents a serious challenge to both the fact and perception of our American democracy,” they wrote .. https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.66.0.pdf , urging Judge Aileen Cannon to “implement an approach which postpones establishment of any trial date.”

In support of the proposition that the Speedy Trial Act would allow such a thing, they cited to United States v. Hatfield, 466 F. App’x 775, 777 (11th Cir. 2012), an unreported and largely irrelevant case .. https://www.documentcloud.org/documents/23870839-us-v-hatfield .. involving a defendant who claimed his lawyer had failed to tell him that he’d waived the speedy trial requirement. (Thanks to my podcast partner .. https://openargs.com/oa775-is-this-overlooked-filing-the-rosetta-stone-for-trumps-defense-strategy/ .. for chasing down that particular rabbit trail.)

Trump also previewed his defense in the case, in which he clearly intends to challenge everything from the warrant to the constitutionality of the special counsel regulations and the Classified Information Procedures Act (CIPA).

“The legal questions are significant and present issues of first impression,” his attorneys intoned gravely, warning that “The intersection between the Presidential Records Act and the various criminal statutes at issue has never been addressed by any court, and in the Defendants’ view, will result in a dismissal of the indictment.”

Safe to say that the government is not persuaded .. https://openargs.com/oa776-ray-epps-to-fox-news-im-an-insurrectionist-not-a-fed/ .. that the trial of the former president and his valet Walt Nauta should be postponed for never. In a response .. https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.76.0.pdf .. last night, the prosecutors argued that “there is no basis in law or fact for proceeding in such an indeterminate and open-ended fashion, and the Defendants provide none.”

“A speedy trial is a foundational requirement of the Constitution and the United States Code, not a Government preference that must be justified,” they continue, scoffing that the claim that the Presidential Records Act of 1978 is a wild-eyed new legal theory “borders on frivolous.”

The Defendants are, of course, free to make whatever arguments they like for dismissal of the Indictment, and the Government will respond promptly. But they should not be permitted to gesture at a baseless legal argument, call it “novel,” and then claim that the Court will require an indefinite continuance in order to resolve it.

Moreover, the DOJ notes that it has gone out of its way to produce discovery documents expeditiously, and in a maximally convenient format:

[T]he Defendants have failed to include important information about the Government’s discovery productions, including the steps the Government has taken to make the Defendants’ review as efficient as possible. For example, the Government’s production included a set of “key” documents referenced in the Indictment or otherwise determined by the Government to be pertinent to the case. See ECF No. 30 at 2. In addition, for the Defendants’ convenience, the Government included with its first production a Discovery Log, which denoted by Bates range the source of the material. Although the Government’s production included over 800,000 pages, the set of “key” documents was only about 4,500 pages. 2 The Government similarly identified to the Defendants a small subset of “key” CCTV footage referenced in the Indictment or otherwise pertinent to the case.

Finally, the government takes issue with the argument that classified evidence in the case (which Trump’s counsel consistently refers to as “purportedly classified”) necessitates an open-ended delay. Moreover, they warn that they’re not going to simply roll over and accept Trump’s demand that CIPA not apply to this case because “there should simply be no ‘secret’ evidence, nor any facts concealed from public view relative to the prosecution of a leading Presidential candidate by his political opponent.”

“If Defendants intend to seek permission to disclose classified information to the public, that would be the very type of ‘graymail’ CIPA was enacted to prevent,” they write.

Guess we’ll find out whose arguments carry the day on Tuesday as the parties conduct their first CIPA conference before Judge Cannon. If past is prologue, things are about to go totally off the rails, but … who knows?

US v. Trump .. https://www.courtlistener.com/docket/67490071/united-states-v-trump/?order_by=desc [Docket via Court Listener]

Liz Dye lives in Baltimore where she writes about law and politics and appears on the Opening Arguments podcast.

https://abovethelaw.com/2023/07/doj-says-nfw-to-trump-demand-that-documents-case-be-scheduled-for-never/