Cannon is the one most likely to slow walk on his behalf. Even if she rejects the motions, there’s good odds she’ll take her sweet time doing.
FBI Search and Seizure at Trump's Mar-A-Lago Residence, August 8, 2022, Case Dismissed July 15, 2024
No, not formally in this case. He says it all the time, probably even says it in his briefs in this case. He’s formally made the immunity claim in the other Jan 6 case. But I think these are the first Rule 12 standalone/proper Motions to Dismiss, suppress evidence, etc.
I’ll say this, wearing down a lawyer is a tried and true tactic. I’m glad Jack and his team are handling these cases. It’s hard to continually respond with such clarity, professionalism, and always with clear legal authority to such layered crap arguments and lies over, and over, and over, and over, and over.
I’d be tempted to respond with an eye-roll and shit emoji at this point. There’s a scene in The Big Lebowski where Walter finally loses it and screams, “Has the whole world gone crazy! Am I the only one around here who gives a shit about the rules!”. That would be me.
So it’s my understanding that trump claims immunity covers him in this case because he made the decision to sneak the classified documents to Mar-a-Lard Fest while he was still president, which was an official “duty,” so hey, no harm, no foul, he walks. Does this have a leg to stand on? The “I stole the documents while I was still president” defense? It shouldn’t, but can it?
I’m so tired of so-called judge cannon. WHEN can someone slap her upside the head, figuratively speaking? I’m so tired of the articles saying “THIS TIME Jack Smith MAY have what he needs to get her disqualified,” but it never happens.
Question for our legalistas: does team Trump actually want her to dismiss the case on the strength one of these bullshit motions? Would that actually end things or would it just give Smith the opening he’s looking for to get this thing moved to a less corrupt judge?
Even if he had legal authority to take the doc’s to Mar-a-lago while he was president, that authority to KEEP them ended the moment he became ‘former president’. This case is not about what he ‘took’ or the ‘taking’ itself - its about his failure to return them when asked - as well as the nature of some of the documents.
“If it please the Court, I’m filing a Motion of You Clearly Didn’t Hear Me The First Time.”
I believe they serve two purposes:
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To build as much delay into the process as possible, which Cannon has been quite willing to do for Trump and is likely to continue (har) to do; and
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To give Cannon some motions to deny (that are so obvious that even this dunderhead will do it), so the Trump people have something to point to for his brain-challenged base and say, “Look! Look! She’s being fair and balanced! She denied all these motions of ours!”
That’s about it.
That’s about what I figured, yeah.
No no no. They’re his for the taking, to do whatever he wants with them. Haven’t you read the Presidential Records Act? /s
Again? But that trick never works!
The thing is, they’ve been told I-don’t-know-how-many times that their motions are invalid. It was ruled by a court of appeals that there was no immunity. The law (Presidential Records Act) is clear. Shouldn’t filing such motions be considered frivolous, and shouldn’t the attorneys be slapped down with fines (at least)?
Smith would challenge the dismissal on appeal, but if he won, the case would be remanded back to Judge Cannon for trial. Some states have rules that state you get a new judge on remand, but that’s not how it typically works in the federal system.
Well, they haven’t been told by a ct of appeals in THIS jurisdiction. As a general rule, Cir Ct rulings are not binding on DCts in different Circuits. They CAN be of suasive value, tho. But in some cases, a party can raise the same/similar arguments in different courts, irrelevant of past success.
That’s my favorite. He went from “I can declassify anything” to “I can own anything”.
It’s both and more. Per Trump…He declassified Top Secret docs (while President), and then took them home. The mere act of taking (now declassified) docs made them his personal records by the time he got home and was no longer President. Because something…Once he did that, the Gov’t can’t re-classify them back to “Top Secret”. So no big deal to keep personal records at home, right? Like what Reagan and Clinton did.
“Per Trump” is doing all the work in that paragraph. Even though what he alleges is obviously not factual, it still doesn’t make any sense if it were. It’s just all so incredibly stupid.
Also, for any criminal lawyers, are you allowed to go outside the Indictment to get your facts to use in a motion to dismiss? I thought a MTD was…even if everything DOJ claimed was true, you should dismiss because I’m immune to prosecution, or x, y, z. I’m pretty sure Jack didn’t mention Trump declassifying documents in the indictment. But I don’t know, maybe you can do that in a criminal MTD.
I’m with Rocky.
One of the motions to dismiss was just a link to this YouTube video.
I think we knew all of this in a deep yet abstract way, but to see it all laid out makes it even more chilling to me.
https://www.cnn.com/2024/02/26/politics/trump-judge-cannon-chutkan-trial-plan/index.html
Trump’s team believes the Mar-a-Lago case, if it’s moved July, could box out Chutkan from putting the federal election subversion case on the schedule once Supreme Court appeals are addressed. When July nears, Trump’s team or the special counsel’s office could ask Cannon again to move the Mar-a-Lago trial back, and she may consider it because of the complexities in the case.
The ultimate goal, his team has said openly, is to prevent Trump from being tried in federal court before voters cast their ballots in the 2024 general election.
“Making it impossible for her [Chutkan] to jam a trial down before the election, by things that are out of her control.”
I can totally see Cannon happily playing along with this scheme. She’s already doing everything she can to slow walk the documents trial. Throwing trial dates in and out solely to stymie Chutkan’s scheduling would be completely on-brand for her.
Yeah. But by then, we’ll have the civil verdict in the Carroll case, the civil verdict in the NY fraud case, and hopefully a decision in the Stormy Daniel case. 0 for 3, with at least 3 other major state and federal actions pending.
If 3 adverse decisions isn’t enough to sway any undecided/non-MAGAs, it is hard to imagine any other specific decision will. Unless you are assuming one or another decision will have the effect of removing him from the ballot or disqualifying him from office - which I believe unlikely.
I’m reminded of an in-law who had several civil judgments against her, but steadfastly maintained she did nothing wrong. Sure, maybe I’ll believe that for the first 1 or 2 …
In point of fact, every adverse decision supports Trump’s righteousness, and is irrefutable evidence of the continued wrongful persecution of the Orange Savior by the forces of darkness.
It’s fun being in a cult!