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Bernardo de La Paz

(50,781 posts)
17. She could torpedo the case, but ...
Sun Jun 11, 2023, 06:46 AM
Jun 2023

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 they’re in the tank for the defendant.) Trump would surely fight such a request, and it’s 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 case—a very real possibility in her courtroom of chaos—can 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 that’s 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.

I believe Jack, who was at the Hague, can deal with Loose Cannon. Murphyb849 Jun 2023 #1
Wow. I never saw that quote. It seems a bit pointed. Scrivener7 Jun 2023 #5
The main concerns I've seen are she'll either dismiss charges after the jury is seated Marius25 Jun 2023 #49
Meaning? elleng Jun 2023 #2
I'm seeing doom and gloom canetoad Jun 2023 #6
I disagree with those who feel Aileen will torpedo this, Scrivener7 Jun 2023 #9
No, I don't think at all canetoad Jun 2023 #10
Perhaps you'd like to read my post again. Because you have clearly Scrivener7 Jun 2023 #11
Well said. The Law is greater, by far, than one loose Cannon. Alexander Of Assyria Jun 2023 #12
I think it's highly possible she'll cause delays but very unlikely Scrivener7 Jun 2023 #14
The 11th Circuit has a Loose Cannon Watchguard. The Law doesn't approve of dictators Alexander Of Assyria Jun 2023 #15
+100 MLAA Jun 2023 #30
Prosecutors know judges. Comes with the territory. I look forward to the week. Tetrachloride Jun 2023 #3
She is not necessarily the final trial judge. I think this is actually good. ashredux Jun 2023 #4
Yes, and with a good case like US has, she has little wiggle room Bernardo de La Paz Jun 2023 #8
Maybe not but actions should have been taken to remove her SouthernDem4ever Jun 2023 #27
There has been NO opportunity YET, so NO actions could have been taken SO FAR Bernardo de La Paz Jun 2023 #34
I am talking about her last venture into the stupid SouthernDem4ever Jun 2023 #50
Like what? yardwork Jun 2023 #36
There are biased judges then there is Cannon SouthernDem4ever Jun 2023 #51
You can't remove a judge until they've been assigned, duh. Ocelot II Jun 2023 #47
What actions? On what grounds? onenote Jun 2023 #48
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
Why don't we go back to the beginning? gab13by13 Jun 2023 #16
I agree with you on her effect on the timing. Scrivener7 Jun 2023 #18
Why was it improper for Cannon to be chosen in the special master case? onenote Jun 2023 #52
She could torpedo the case, but ... Bernardo de La Paz Jun 2023 #17
Great summary of the dangers and the reasons for hope. Thank you. Scrivener7 Jun 2023 #19
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
I read the Slate article differently. yardwork Jun 2023 #39
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
Got it! yardwork Jun 2023 #41
i heard there were only 7 judges available so yeah he knew.. samnsara Jun 2023 #20
the question is- what was the deal to get the appointment? mopinko Jun 2023 #21
I'm not one bit concerned about the legal issues of a Trump trial. gab13by13 Jun 2023 #23
Are we to infer that Jack Smith had a nefarious motive for impaneling a GJ in Florida? msfiddlestix Jun 2023 #25
Certainly not canetoad Jun 2023 #54
I agree with you, thanks for the clarity.. msfiddlestix Jun 2023 #56
As they say... Roy Rolling Jun 2023 #26
She really has nothing to lose. You can take her lack of ethics to the bank. Goodheart Jun 2023 #28
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
Smith may be gunning for Cannon. Bet that TFG's folks will contact her and try to get her, once... machoneman Jun 2023 #29
+1 2naSalit Jun 2023 #37
I have been contemplating this part of the issue... 2naSalit Jun 2023 #35
I'm with you on the concept of Smith playing long game Bernardo de La Paz Jun 2023 #43
I place great confidence... 2naSalit Jun 2023 #44
Thank you canetoad Jun 2023 #53
It's a lot to unpack. 2naSalit Jun 2023 #55
It's problematic but not catastrophic. jaxexpat Jun 2023 #38
Too many. ...nt 2naSalit Jun 2023 #45
:) Yes -- obviously. nt Hortensis Jun 2023 #46
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