We will see today what the judge decides on DOJ's motion. Big decision.
Judge Aileen Cannon will consider Smith's request to continue trial from August to December and Smith's strict protective order for defense handling of (alleged) classified materials.
Judge Cannon, who appointed a special master last September to review evidence seized by the FBI amid her concerns about DOJ leaks to media and FBIs mishandling of privileged materials, will hear from both sides today. Smith filed a 16-page motion yesterday detailing absurdly onerous rules for Trump/Nauta viewing of "classified" files. Trump's team filed a motion earlier this month detailing why the trial should be delayed--among many concerns is Smith's onerous rules for viewing classified evidence.
The J6 indictment is very different for Trump. A DC jury. An almosg certain indictment and conviction. While he has a much more direct appellate opportunity in the DC district, the political and legal downsides are much more damaging for him.
Here is Julie Kelly's take:
"But Smith knows this case is small potatoes compared to what he's about to inflict on Trump and several associates for January 6. It's very likely Smith will use the "classified docs" prosecution as leverage to seek pretrial detention for Trump when the special counsel indicts Trump for several J6-related offenses, which could include seditious conspiracy.
Julie has been an astute observer of the J6 trials and predicted this would happen over a year ago. Her observation that not only Trump will be indicted, but also, some of his advisers is scary stuff. And on top of that, Julie believes that Smith will seek pretrial detention just like other J6 prisoners. We would have a Constitutional crisis if that occurs.
If Trump is convicted by a DC jury he either rolls the dice with the appellate court overturning the conviction or he will need a pardon to stay out of prison.
Trump can take it up to SCOTUS, which will overturn it post haste. Allan Dershowitz calls it a no-brainer. It is a free speech issue. And if you expose all of the details behind the Fedsurrection, it will be embarrassing and damning for Deep State and Pelosi. It was a total setup.
Trump already had an uphill climb to reach 270 electoral votes. With J6 being the focus of a criminal proceeding against him ,that pathway becomes nearly impossible.
Profoundly disagree. Trump won in 2020 receiving 11 million more votes than in 2016, a 17% increase. Obama received fewer votes in 2012 and won easily. Trump is the only incumbent President in history who received more votes the second time and lost. The 2020 election was stolen. Agree?
Trump lost narrowly thru fraud in WI, AZ, and GA. He wins those and he is President. You seem to ignore Biden's dismal record and growing scandals that expose his corruption. And he is barely functioning mentally and physically. He will be 82 in November 2024 and 86 if he completes a second term.
The attempt to remove Trump from the ballot will not only precipitate a Constitutional crisis, but also civil unrest. And it is more than a coincidence that the timing of this announcement of upcoming indictment comes the day before 2 IRS whistleblowers testify before Congress on the Hunter Biden case and a week before Devon Archer is scheduled to testify. The intent is to suck the oxygen out of the coverage of the Congressional hearings.
