Posted on 04/05/2024 6:07:30 PM PDT by bitt
Judge Aileen Cannon on Thursday rejected Trump’s motion to dismiss the classified documents case based on the Presidential Records Act.
In February Trump’s legal team filed several motions to dismiss Jack Smith’s classified documents case.
Cannon has now denied two of Trump’s motions to dismiss Jack Smith’s lawfare case playing out in a federal court in Florida.
“The Superseding Indictment specifies the nature of the accusations against Defendant Trump in a lengthy speaking indictment with embedded excerpts from investigative interviews, photographs, and other content,” Cannon wrote in her brief order on Thursday. “Accepting the allegations of the Superseding Indictment as true, the Presidential Records Act does not provide a pre-trial basis to dismiss.”
Last month Judge Aileen Cannon issued a jury instruction order in Jack Smith’s classified documents case and the leftist legal analysts went apocalyptic.
Cannon gave two options for jury instructions.
The first option:
In a prosecution of a former president for allegedly retaining documents in violation of 18 U.S.C. § 793(e), a jury is permitted to examine a record retained by a former president in his/her personal possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential using the definitions set forth in the Presidential Records Act (PRA).
The second option is:
A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision. Although there is no formal means in the PRA by which a president is to make that categorization, an outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.
“Cannon seems inclined to push the case to trial but is basically asking if she can stack the deck so Trump wins,” CNN legal analyst Norm Eisen said.
MSNBC’s legal reporter Jordan Rubin responded with “Judge Aileen Cannon is at it again.”
Jordan Rubin said Cannon is “apparently contemplating instructions that could effectively win Trump’s case for him…”
Jack Smith threatened to take the jury instruction fight to the appellate court.
Separately, Judge Cannon declined Jack Smith’s demands of her jury instruction order as “unprecedented and unjust.”
“Separately, to the extent the Special Counsel demands an anticipatory finalization of jury instructions prior to trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence, the Court declines that demand as unprecedented and unjust,” Cannon wrote.
She continued, “The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case. Nor should it be interpreted as anything other than what it was: a genuine attempt, in the questions to be submitted to the jury in this complex case of first impression.”
...more
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Smith will use this to appeal Cannon’s decisions in the pretrial motions to the court of appeals, asking for her orders to be reversed. Smith may use this as a lever to have the appellate court remove Cannon from the case.
Smith is hedging his bets. After slamming the judge, he can claim bias or something when he looses.
Congress has 2023 testimony that Biden secreted US classified documents in 7 separate locations
—Some were 40 years old from Biden’s days as VP and Senator
—Back then, Biden was not authorized by law to have or keep classified documents
—Significantly, both as a young US Senator, and as Obama’s VP,
—Biden had none of the cogency problems exhibited to the gullible Hur
CitizenFreePress ^ | March 12, 2024 | Staff
Posted on 3/12/2024, 12:20:20 PM by Red Badger
VIDEO OF TESTIMONY AT FR LINK....................
NOTE Under “the Presidential Records Act,” only the president has the sole authority to categorize records as personal or presidential during their time in the office of the presidency.
Smith wanted the trial in D.C. for obvious reasons but knew a motion for change of venue could push the trial date past the November election. (The FBI raid was done in south Florida; also ethically and by normal practice the charge should have been filed two years earlier - but that would not interfere with the 2024 election.) He was forced to accept the Florida venue but tried to make a deal for a favorable (corrupt) judge.
Now Smith must surely annoy Judge Cannon by doing his work with a D.C. grand jury - for obvious reasons.
Smith has been cited unanimously by SCOTUS for unethical practices in the past, his conviction overturned!
Special Counsel Hur to Congress: “Biden WH
Pressured Me To Change My Report Findings”
The Federalist ^ | 03/18/2024 | Shawn Fleetwood
Posted on 3/18/2024, 9:47:23 AM by SeekAndFind
Robert Hur testified to Congress on Tuesday that the White House attempted to pressure him into changing aspects of his report on Biden’s mishandling of classified documents. The revelation came during Hur’s testimony before the House Judiciary Committee, in which Rep. Tom Tiffany, R-Wis., probed the special counsel head about a Feb. 5 letter the White House Counsel sent to Hur days before his report became public. When Tiffany asked whether the White House requested he “change [the report’s] references to the president’s poor memory,” Hur confirmed the administration did, in fact, make such a request.
“There was a request, yes,” Hur said, contradicting claims issued earlier in the hearing by Rep. Jamie Raskin, D-Md., who asserted Biden did not “seek to redact a single word of Mr. Hur’s report.” Hur confirmed this during a prior exchange with committee chair and Rep. Jim Jordan, R-Ohio.
“Did the White House try to weigh in with your investigation on elements of that report and frankly try to get that report changed,” Jordan asked, to which Hur replied, “They did request certain edits and changes to the draft report.”
As The Federalist reported, Hur concluded
<><>“that no criminal charges are warranted” in his investigation into Biden’s mishandling of classified materials despite his team finding records “related to foreign policy in Afghanistan and handwritten notes ‘implicating sensitive intelligence.’”
<><>Federal authorities justified their refusal to charge Biden because the president “would likely present himself to the jury, as he did during our interview with him, as a sympathetic, well-meaning, elderly man with a poor memory.”
<><>“Based on our direct interactions with and observations of Biden, he is someone for whom many jurors will want to identify reasonable doubt,” prosecutors wrote.
<><>“It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness.”
During his Tuesday testimony, Hur further confirmed
<><>that the WH submitted a letter to AG Garland days after sending a communique to Hur,
<><>the WH objecting to the analysis of Biden’s mental decline.
<><>Hur’s team noted in its report how Biden could not recall basic facts during his interview with investigators, such as “when he was vice president” or when his son, Beau, died.
Joe Biden’s White House pressured Robert Hur to change aspects of his report surrounding the President’s memory.
<><>The White House’s pressure campaign on Hur to alter his report before its release to the public appears to fall within the “obstruction of justice”
<><>a charge Democrats accused former President Trump of committing, as it relates to Robert Mueller’s baseless investigation into whether the Republican president colluded with Russia to steal the 2016 election. Of course, the baseless claim that Trump obstructed Mueller’s investigation didn’t stop Democrats from relentlessly accusing the former president of obstruction or then-Attorney General Bill Barr of stopping such charges from being filed.
Quite possible - but unlikely. The whole purpose of delaying the trial charges for two years was to interfere with the election. A delay, and anticipating a Trump win in November, renders Smith's whole effort pretty much moot. To wait until after Trump's presidency to re-charge would be a pointless vindictive scheme.
The thing to bear in mind in all this 'lawfare' is the obvious goals our enemies have in mind for America manifest in their present autocratic overthrow of all that has been considered legal and common. They know that Trump plans to negate their whole reason for ripping everything apart - as he did in his first term.
Their paranoid fear and intensive hatred is obvious in their every questionable word and action.
What a clown. Jack Smith has always had problems, especially with the higher courts of appeal. Cannon is in charge here and he knows it. Smith should know Cannon is not going to rule on jury instructions at this time and but wait until trial and “the presentation of trial defenses and evidence.”
If Cannon waits until a jury has been sworn-in, jeopardy attaches. Once jeopardy attaches, a criminal defendant cannot be tried a second time for the same crime. This is exactly what Smith is trying to avoid by having Cannon rule on the jury instructions at this stage.
Cannon is sticking her finger in Smith’s face and telling him to do something about it. He’s toast.
If Dems and RINOs were making a good faith effort to serve justice and follow the law, the lawfare would not have gone this far. They are not all going to give up. We have to insist on a return to sanity.
Even though Trump as president was authorized to have classified documents by law, NBC reported the weaponized Biden DOJ is forcing President Trump to face multiple charges, including:
<><>willful retention of national defense information,
<><>false statements and representations,
<><>conspiracy to obstruct justice,
<><>withholding a document or record
<><>and corruptly concealing a document.
President Trump has pleaded not guilty to all counts.
Most of this thread is just to stir up old grudges. Even Golden Eagle supports Trump now. Trump people and DeSantis people should attack Biden, not each other.
Oops, wrong thread.
We're talking about democrats here ... when did being pointless and vindictive ever slow them down?
“We’re talking about democrats here ... when did being pointless and vindictive ever slow them down?”
Right. On the contrary, pointless, vindictive and destructive are all resume enhancers for Marxist Democrats.
“Trump people and DeSantis people should attack Biden, not each other.”
Truth. But when, in the history of politics, did people ever put their emotions aside for logic... much less, for the good of the country?
This is a revelatory statement from Judge Cannon.
<><>She is telling Jack Smith that she will not rule on jury instructions at this time
<><>she will wait until trial and “the presentation of trial defenses and evidence.”
<><>The timing means she might wait until AFTER a jury has been sworn-in and jeopardy attaches.
<><>Once jeopardy attaches, a criminal defendant cannot be tried a second time for the same crime.
<><>This is exactly what Smith is trying to avoid
<><>he’s forcing Cannon to rule on the jury instructions at this stage
<><>and Cannon is not buying it.
In sum: Cannon is sticking it to Smith, telling him, “go ahead, do something about it.”
Where I live, the garbage company is Texas Disposal Systems, or TDS. Here the TDS characters try to spew garbage.
👌👈😄 Actually I am of a little different bent; I believe in the interim {hopefully of a Trump presidency} the Lord will intervene in His own way to convict those mean spirited hearts - many of them. They may not repent or reform, but the consequence may be telling. We are already beginning to see the shadow of that light.
There is no doubt that a truly powerful evil spirit has consumed some Americans, many of whom - Like Doctor Faustus - have sold their souls (I don't know if beyond redemption) but hopefully the impact on the American people overall will be decisive.
There is a great spiritual battle going on right now - even non-spiritual thinking folks can perceive that. IMO, how we the people receive this revelation will determine whether moral order is restored OR whether we go into the Great Tribulation {Matthew 24}.
As for me and my house: we will serve the Lord❗💪 Come aboard🙂🛐🙏
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