Posted on 08/07/2023 8:17:39 AM PDT by Macho MAGA Man
thanks
maybe nauta is a throwaway case in the sense that they might have first offered him leniency in return for turning witness against trump, but if so, he might have refused. it sounds as if he is very loyal to trump.
The indictment had to be in Florida as that is where the alleged crime happened.
“Why, though, would DOJ move from DC?”
Because Article III, Section 2, third paragraph of the Constitution requires that:
“The Trial of all Crimes, except in Cases of Impeachment;
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.”
This is a clear requirement for a “Trial,” but doesn’t specify whether an indictment is a part of the trial process, so DOJ indicted him in DC, where it could easily get the indictment, and is trying him in FL because the Constitution requires it.
“Sounds like good cause for summary dismissal of charges against Trump and a criminal prosecution against Smith.”
That is how I see it.
Yes! Colombiana has no bananas!
Yes, but if Jack Smith is playing games, a case could either get tossed or appealed.
Yes, but if Jack Smith is playing games, a case could either get tossed or appealed.
Ha,..Cannon ...needs a name change to Howitzer,
My guess?
The case is required to be tried in FL. The DOJ isn't voluntarily moving anything.
And the abuse the judge is pointing out is the GJ being in DC.
Breaking Update!
https://twitter.com/julie_kelly2/status/1688572312738480128
Julie Kelly 🇺🇸
@julie_kelly2
Judge Cannon, whose mother fled communist Cuba, just slammed DOJ for admitting Jack Smith is still using a DC grand jury to investigate alleged crimes that happened in FLA and refused (again) to seal govt motions.
Ruling classes often insulate themselves from the bulk of the citizenry by elevating foreigners to rule over the masses. Foreign born officials feel little to no obligation to the citizens of a nation, but rather to the rulers of that nation, and therefor they much more compliant to enforcing the edicts of the ruling class.
The sixth amendment requires the trial and jury to be in the district where the crime is alleged to have occurred.
Amendment 6
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.The fifth amendment requires an indictment by a grand jury. The 5th doesn't say what district the grand jury must be in, but since the 6th says "public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law..." it can be assumed that the grand jury must be in the same district as the trial.
This makes it prosecutorial misconduct to hold the grand jury in DC (knowing that DC voted 5% for President Trump) and then move the trial to Florida where the alleged crime occurred.
-PJ
Actually, if you red the entire order, Judge Cannon invited all the other defendants to file a motion to question the use of a D.C. grand jury. That includes Trump.
Very likely that Judge Cannon will dismiss all the charges that came out of the D.C. grand jury.
Jack Smith just got his pee pee slapped.
Yep! More!
JUST IN: Judge Aileen Cannon “Comes Out Swinging” and Delivers Blow to Jack Smith in Classified Documents Case
https://www.thegatewaypundit.com/2023/08/just-judge-aileen-cannon-comes-swinging-delivers-blow/
Judge Aileen Cannon in the Southern District for Florida federal court delivered a blow to Special Counsel Jack Smith’s inquisition against President Trump regarding the “classified documents” case. In their process, she also caused the liberals to go into unhinged meltdowns where they demanded her dismissal.
As Politico’s Kyle Cheney reported, Cannon struck down two of Special Counsel Jack Smith’s sealed filings in her ruling today. Cheney said she came out swinging.
Judge Cannon comes out swinging at special counsel this morning, striking two of prosecutors’ sealed filings and demanding an explanation of “the legal propriety of using an out-of-district grand jury proceeding to continue to investigate” the docs case.
As Axios reported, Cannon in her filing was responding to the prosecution’s request for a hearing on potential conflicts of interest regarding Trump defendant Walt Nauta’s lawyer, Stanley Woodward.
The liberal media has claimed that Cannon revealed that an “out-of-district grand jury” is investigating the classified documents case. But Kelly notes it was Jack Smith who did this in a motion filed just last week.
[Julie Kelly 🇺🇸
@julie_kelly2
Moronic reporters and legal analysts now spinning that Judge Cannon disclosed DC grand jury still at work in Mar a Lago case when it was Jack Smith who did so in a motion filed last week.
Quote Tweet
Hugo Lowell
@hugolowell
NEW on Trump classified docs: US judge Aileen Cannon appears to disclose that Special Counsel is using an “out-of-district grand jury to continue to investigate and/or to seek post-indictment hearings” — and strikes two filings by prosecutors
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.100.0_1.pdf
10:04 AM · Aug 7, 2023]
·
Cannon observed in her verdict that “the Special Counsel states in conclusory terms that the supplement should be sealed from public view “to comport with grand jury secrecy,” but the motion for leave and the supplement plainly fail to satisfy the burden of establishing a sufficient legal or factual basis to warrant sealing the motion and supplement.”
.
She had no choice...
Several lawyers on Fox News this weekend were talking about it.
Preemptive move by Cannon.
She does not want to be embarrassed when the issue pops up on appeal, so she publicly tossed the legal responsibility to challenge this onto Trump and his lawyers.
Good chance a Florida grand jury would have told him to go urinate up a rope.
I suspect that the reason the case was filed in Florida is that is the location of the alleged crime (retention of records).
As for the DC grand jury, keep in mind that it is even easier to get an indictment when the grand jurors are comprised of DC citizens. Also, I’ve been told that pre-trial discovery of grand jury proceedings are now limited in a different venue.
It all stinks. I suspect all judges touching any of the cases against FPOTUS are on their best behavior if they are conscientious. No responsible judge wants to be reversed without a full record. So, the judge in the Hunter Biden matter, and judge Cannon, know the gravity of the matters and will insure that all i’s are dotted, and all t’s crossed. That is the way it should be for all matters. Prison/jail is a serious deprivation of rights.
Gwjack
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