I'm Gipper
Cannon finds that Trump has not made the requisite showing that the search warrant affidavit contains "any material false statements or omissions." As such, he doesn't get a Franks hearing.
— Katie Phang (@KatiePhang) June 27, 2024
Trump requested an evidentiary hearing to challenge whether the piercing of the attorney-client privilege by the crime-fraud exception was appropriate. At that hearing, the SCO would have to show "that the attorney's assistance was obtained in furtherance of the criminal or…
— Katie Phang (@KatiePhang) June 27, 2024
Cannon finds that no party has offered any caselaw that would prevent her from exercising her discretion to permit Trump from "factually testing a government's proffer on the applicability of the crime-fraud exception."
— Katie Phang (@KatiePhang) June 27, 2024
She further notes that there is no law that prevents…
Trump requested an evidentiary hearing to challenge whether the piercing of the attorney-client privilege by the crime-fraud exception was appropriate. At that hearing, the SCO would have to show "that the attorney's assistance was obtained in furtherance of the criminal or…
— Katie Phang (@KatiePhang) June 27, 2024
Cannon finds that no party has offered any caselaw that would prevent her from exercising her discretion to permit Trump from "factually testing a government's proffer on the applicability of the crime-fraud exception."
— Katie Phang (@KatiePhang) June 27, 2024
She further notes that there is no law that prevents…
Cannon writes that some of the terms in Attachment B, like "national defense information" and "Presidential Records", do not carry "generally understood meaning[s], such that a law enforcement agent, without further clarification, would have known to identify such material as…
— Katie Phang (@KatiePhang) June 27, 2024
NEW: Judge Cannon just filed another banger of an order related to FBI raid of Mar-a-Lago and the former chief judge of DC court, the wretched Beryl Howell, decision to pierce attorney-client privilege that forced Trump's lawyer to turn over his records to Jack Smith in the… pic.twitter.com/IHCYECbew7
— Julie Kelly 🇺🇸 (@julie_kelly2) June 27, 2024
Cannon held a sealed hearing Tuesday morning on Trump's motion to suppress evidence obtained via Howell's order. Apparently it did not go well.
— Julie Kelly 🇺🇸 (@julie_kelly2) June 27, 2024
It appears Smith's team--Jay Bratt and David Harbach--vehemently opposed a public hearing on the crime-fraud exception ruling.
One… pic.twitter.com/qNjv44Vr1L
She's going to make the government unwittingly prove that it was lying.Quote:Cannon writes that some of the terms in Attachment B, like "national defense information" and "Presidential Records", do not carry "generally understood meaning[s], such that a law enforcement agent, without further clarification, would have known to identify such material as…
— Katie Phang (@KatiePhang) June 27, 2024
The prosecution are absolute goons. Completely unethical. Attacking the foundation of our Republic.will25u said:Cannon held a sealed hearing Tuesday morning on Trump's motion to suppress evidence obtained via Howell's order. Apparently it did not go well.
— Julie Kelly 🇺🇸 (@julie_kelly2) June 27, 2024
It appears Smith's team--Jay Bratt and David Harbach--vehemently opposed a public hearing on the crime-fraud exception ruling.
One… pic.twitter.com/qNjv44Vr1L
FTR: Separate criminal cases falls squarely within Rule 6 of the Federal Rules of Evidence exceptions to grand jury secrecy. No reason for those to be withheld.Quote:
Cannon wants the full record behind Howell's decision and to hold a hearing related to the process. She has made several public comments expressing her frustration that most of the DOJ's investigation in the docs case occurred in DC rather than southern Florida.
Getting favorable rulings by Howell is why.
And the DC court is still concealing the records including GJ transcripts.
Quote:
The federal judge overseeing former President Donald J. Trump's classified documents case said on Thursday that she intended to look anew at a hugely consequential legal victory that prosecutors won last year and that served as a cornerstone of the obstruction charges filed against Mr. Trump.
Quote:
In her ruling, the judge, Aileen M. Cannon, said she would hold a hearing to reconsider another judge's decision to allow prosecutors to pierce the attorney-client privilege of one of Mr. Trump's lawyers under what is known as the crime-fraud exception. ...
Depending on how Judge Cannon ultimately rules, her decision to redo the fraught and lengthy legal arguments about the crime-fraud exception could deal a serious blow to the obstruction charges in the indictment of Mr. Trump.
Via Hot Air.Quote:
The NYT coverage here is a bit snotty, but Trump's team has the right to challenge this issue, and it's well within Cannon's authority to hear arguments on it. A number of commentators objected to Beryl Howell's ruling 17 months ago, most notably Alan Dershowitz, as a politically motivated attack on legal representation. Evan Corcoran no longer works for Trump but has also never been indicted for any crime connected to this case either. That may have made Cannon curious enough to take a second look.
WOW WOW WOW -- the most consequential legal order today might have come out of FL and not SCOTUS (although the SEC and EPA cases are big).
— Shipwreckedcrew (@shipwreckedcrew) June 27, 2024
The FL judge has denied the Trump defense request for a Franks hearing, but IS GRANTING the request for an evidentiary hearing on the…
Quote:
The FL judge has denied the Trump defense request for a Franks hearing, but IS GRANTING the request for an evidentiary hearing on the balance of the motion to suppress.
This is over the "vigorous opposition" of the Special Counsel as described by the Order.
This means to FBI Agents and MAYBE DOJ officials will likely be questioned under oath about the search warrant and the execution of the search.
The Govt NEVER wants there to be such an evidentiary hearing prior to trial because so much info can be developed by the defense prior to trial that would otherwise not be the case.
ANY time you can get Govt witnesses under oath in a transcript, you have more info to work with in preparing for trial or to otherwise challenge the case.
HUGE development -- known to those of us who understand where they path might lead.
"the Attorney General PURPORTED to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States"
— Hans Mahncke (@HansMahncke) July 1, 2024
Justice Thomas wrote a concurring opinion with the sole purpose of explaining why Jack Smith's appointment is unlawful. pic.twitter.com/nExfub2A4a
Justice Thomas:
— Benjamin Weingarten (@bhweingarten) July 1, 2024
"We cannot ignore the importance that the Constitution places on who creates a federal office. To guard against tyranny, the Founders required that a federal office be 'established by Law.' As James Madison cautioned, '[i]f there is any point in which the…
Justice Thomas: "In this case, there has been much discussion about ensuring that a President 'is not above the law.' But, as the Court explains, the President’s immunity from prosecution for his official acts is the law...
— Benjamin Weingarten (@bhweingarten) July 1, 2024
Respecting the protections that the Constitution…
No SCOTUS bombshells this am but there's a new filing by Trump in docs case related to malfeasance in the FBI raid and investigation.
— Julie Kelly 🇺🇸 (@julie_kelly2) July 2, 2024
It appears Jack Smith only recently turned over some FBI emails about the raid. Defense suspects there are more comms that the special counsel is… pic.twitter.com/hHufQZgGno
As I have reported, the special Counsel admitted investigators can't match some of the prop classified cover sheets used as "placeholders" and other handwritten covers to an alleged classified document.
— Julie Kelly 🇺🇸 (@julie_kelly2) July 2, 2024
Also seems major. pic.twitter.com/rI1yTS5Jm9
Defense again claims August 2022 photo was staged.
— Julie Kelly 🇺🇸 (@julie_kelly2) July 2, 2024
But I am reliably told by the former feds that this is SOP. pic.twitter.com/BomdSvNv0Q
BREAKING WaPo:
— Kyle Griffin (@kylegriffin1) July 2, 2024
Justice Department officials plan to pursue the criminal cases against Donald Trump past Election Day even if he wins, under the belief that department rules against charging or prosecuting a sitting president would not kick in until Inauguration Day in January,…
BREAKING: Judge Cannon just granted Trump's motion to pause some deadlines in FLA doc case to consider SCOTUS' immunity opinion and potential impact on the case. Trump's lawyers filed the motion yesterday pic.twitter.com/FbK6cdjw3Y
— Julie Kelly 🇺🇸 (@julie_kelly2) July 6, 2024
Trump again raises Biden's inappropriate remarks after SCOTUS opinion as proof the White House in interfering in the case.
— Julie Kelly 🇺🇸 (@julie_kelly2) July 6, 2024
Trump also accuses DOJ of recently leaking info to media--something Judge Cannon admonished special counsel about when she appointed a special master in… pic.twitter.com/QSToLezTSQ
Forgot to add "Aileen"jt2hunt said:
3
I get the frustration about Cannon not tossing the case at this point. (Trump’s motion to dismiss for selective prosecution still pending). But Cannon is doing a great service by slowly draining the blood from this case and exposing how dirty, sloppy, and corrupt it is.…
— Julie Kelly 🇺🇸 (@julie_kelly2) July 7, 2024
New — Judge Cannon dismissed the Trump classified docs having never ruled on 9 fully briefed motions, including one that was filed back in January pic.twitter.com/bQ91Wey1VJ
— Hugo Lowell (@hugolowell) July 15, 2024
Good. The whole case was a sham and the prosecutor illegally appointed. He also trampled all over Trump's constitutional rights. Biden failed again.MiamiHopper said:
For those who were keeping trackNew — Judge Cannon dismissed the Trump classified docs having never ruled on 9 fully briefed motions, including one that was filed back in January pic.twitter.com/bQ91Wey1VJ
— Hugo Lowell (@hugolowell) July 15, 2024
She did write that. It then makes sense that she would want to rule on Jack Smith's appointment and leave the others unfinished. Otherwise, why waste time on motions that would possibly be rendered moot.Larry S Ross said:
I believe she wrote in her decision all undecided motions were mute.
If this gets upheld (possibly to SCOTUS), what would be the repercussions for other individuals who were criminally convicted by special counsels that were never confirmed? Would their convictions need to be reexamined? Are there other individuals who fall into this category?aggiehawg said:
Reminder: one the most central inquiries for any court hearing a matter is whether they have jurisdiction to hear it. All initiating pleadings have jurisdiction cited for that court at the very top of their pleadings.
The second inquiry is whether the proper parties are being brought before the court. Sometimes we boo standing issues but they are important. And that's exactly what Cannon was focused on, Smith's authority to come before her court and in which capacity. Was he the proper party to bring this indictment? Did he have that authority?
Answer: No he did not. Thus everything he did was ultra vires and void ab initio.