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In reply to the discussion: SC Smith obviously knew that Cannon may be the judge [View all]Bernardo de La Paz
(50,781 posts)17. She could torpedo the case, but ...
Slate is very worried. There is much that Cannon can do, but Smith has a lot of tools. It would not surprise me if Smith moves to reassign a judge. I thought there was no appeal if a case is "dismissed with prejudice", but Slate seems to think even that can be appealed. If Cannon makes a false move, she can be countered, but it might have to wait for the trial to finish, according to Slate.
And all of that is dependent on her being the judge. She is just in for the preliminaries, it seems, and the court itself could reassign her.
{emphasis added}
Smith, for his part, has the option of requesting a different judge; 11th Circuit precedent allows reassignment when the presiding judge appears unable to put previous views and findings aside. (This is a nice way of saying that theyre in the tank for the defendant.) Trump would surely fight such a request, and its impossible to say where the 11th Circuit would come down.
Imagine, though, that Cannon does preside over this case. She has infinite tools at her disposal to thwart the prosecution at nearly every turn. Big swings, like tossing out the whole casea very real possibility in her courtroom of chaoscan be appealed and overturned. But at every step, there are opportunities for sabotage. Cannon can try to rig voir dire to help the defense stack the jury with Trump supporters. She can exclude evidence and testimony thats especially damning to Trump. [...]
Imagine, though, that Cannon does preside over this case. She has infinite tools at her disposal to thwart the prosecution at nearly every turn. Big swings, like tossing out the whole casea very real possibility in her courtroom of chaoscan be appealed and overturned. But at every step, there are opportunities for sabotage. Cannon can try to rig voir dire to help the defense stack the jury with Trump supporters. She can exclude evidence and testimony thats especially damning to Trump. [...]
Click on this link for the scary article, but then remember that:
1) She might be automatically assigned out of the case after the preliminaries or the court administration might take it on themselves to reassign her. I don't know the machinations of that courthouse.
2) Smith could request reassignment and have a good case for reassignment.
3) She is constrained if she wants a career. She is now on record for an egregious set of decisions for the defendant in the other case, and would torpedo herself if she over-reaches again like that.
4) Smith could perhaps if needed relaunch the whole case in D.C. as a classified documents case and fight the whole "I declassified it in my mind" nonsense.
5) Smith has other cases. Nauta is under pressure and may turn to save his own skin because his indictment is apparently even more open-shut than tRump's. Bedminster is heating up and Ivanka's ashes feel a breeze though buried in a giant heavy coffin. And the big case about insurrection / overthrow of election is advancing in the background.
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The main concerns I've seen are she'll either dismiss charges after the jury is seated
Marius25
Jun 2023
#49
The 11th Circuit has a Loose Cannon Watchguard. The Law doesn't approve of dictators
Alexander Of Assyria
Jun 2023
#15
Prosecutors know judges. Comes with the territory. I look forward to the week.
Tetrachloride
Jun 2023
#3
There has been NO opportunity YET, so NO actions could have been taken SO FAR
Bernardo de La Paz
Jun 2023
#34
Agree. Speedy trial. It's a constitutional guarantee! A loose cannon isn't going to budge the needle
Alexander Of Assyria
Jun 2023
#13
Add I also know TFG's done badly with the judges he appointed so far. Very badly. Even with SCOTUS.
marble falls
Jun 2023
#7
makes me feel a bit better however to know that her decision can be overurned by the
samnsara
Jun 2023
#22
Re: #3. I think she knows that hopes for any future promotion are in the shitter,
3Hotdogs
Jun 2023
#24
She is set for life. She just needs to fly straight, doesn't need promotion
Bernardo de La Paz
Jun 2023
#32
+1. And she knows there is zero likelihood of her being impeached by the House.
dalton99a
Jun 2023
#42
That's not differently, that's just another angle. I agree with need for voting and the emphasis. nt
Bernardo de La Paz
Jun 2023
#40
Are we to infer that Jack Smith had a nefarious motive for impaneling a GJ in Florida?
msfiddlestix
Jun 2023
#25
Cannon is like the Trump judge in Texas, Matthew Kacsmaryk - brazen and shameless.
dalton99a
Jun 2023
#31
Sure, for a few years, but then she'd sink and be forgotten and have to compete
Bernardo de La Paz
Jun 2023
#33