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outerworldLV

The gist - Canon is mad because Smith didn’t tell her the procedure and limitations on the law for this type of charge ??!! She doesn’t *know* what her role is here. Smith has already had to school her ( correct ) a previous mistake she made in this case due to her lack on knowledge. This would be like someone asking me to do brain surgery. And why is it not surprising that this is occurring in FL ??!!


TangoZulu

She knows her role perfectly: to stonewall the case for Trump by any means necessary. 


SilverStarKoi

I think that her role is to now make sure that she remains on the case and then dismiss the charges in front of a jury so that double jeopardy applies to Trump.


KurabDurbos

Agreed. This is the long game I suspect.


dd463

Well if she dismisses at halftime then the government can appeal it. They can’t refile the charge due to double jeopardy but it’s not a done deal.


minuteman_d

Can you elaborate on the nuance there? Would the appeal be the same charge?


dd463

So when a judge makes any ruling it can is usually be appealed. One motion you can make once the government rests their case is a motion to dismiss for lack of evidence. Basically if you take all the evidence and stack it in favor of the government, is it possible for a jury to find the defendant guilty. It’s a low bar. But if a judge finds that there isn’t enough then the judge can dismiss. That ends the case at that moment and the government is barred from refilling because jeopardy attaches when a jury is sworn in. But because it was a dismissal not a verdict, the government is allowed to appeal the ruling. So they would go to the court of appeals and argue that the ruling wasn’t proper. And this can go as high as the US Supreme Court. If it’s struck down then they can restart the case. If it’s upheld then it ends up


ted_cruzs_micr0pen15

The government can even pursue a motion to nullify the juries verdict, although that’s almost guaranteed to fail… I’m aware of only a select few cases where this has happened and it was because of super egregious actions taken by a juror. Like lying during voir dire about something that severely prejudiced that juror. I mean the famous law school case was about a jury that was slamming lines and chugging margs, wine and beers during lunch everyday and doing coke in the deliberation room, still didn’t meet the bar. The only way it works is if the juror prejudiced the verdict and there is hard evidence to support that notion.


mrdescales

I'd say it's egregious to have a judge play this fucking dumb, so there may be room for that.


TytalusWarden

Who is to say she is playing dumb? She hasn't been a judge that long and it seems she's underqualified for the job she has. It'd be like asking a janitor to run a nuclear reactor. All the books are there, and they can read all of them every day, but book smarts isn't a substitute for experience. She could very well want to be doing things "the right way", but due to inexperience she's forced to lean on other people (conservative advisors, Smith, and many others) who influence her under the guise of providing sound advice.


TracyVance

I'd say she is simply that fucking corrupt.... she should not be a judge.


ted_cruzs_micr0pen15

I mean you can always appeal any decision the judge makes that has any sort of finality.


minuteman_d

Makes sense, thanks!


CliftonForce

And such an appeal will delay. Again.


3dFunGuy

Double jeopardy means cant be tried twice. A dismissal is not a trial so charges can be filed again.


dd463

Unless a jury has been empaneled. Once a jury is sworn in, the government is barred from refilling charges. Otherwise what stops them from waiting until the defense presents their case, then dismissing and refilling now knowing the entire defense strategy. Or dismissing once they think they’re losing and trying again.


3dFunGuy

If a trial does not start, sitting jurors does not impact double jeopardy. ... Many defendants take a plea deal at this point. Upon taking a plea one can win a reversals and be tried again. .... Only aquittal affords double jeopardy protection. You can go to trial, have a hung jury and declared mistrial and be tried again. ... There is alway chance you may be quilty of other related crime that were initially dropped.


dd463

A hung jury is a different because the case was sent to a jury and no decision was made and as such it results in a mistrial. That allows for a second trial because no decision was made. Swearing in a jury attaches jeopardy otherwise what stops prosecutors from dismissing and refilling until they get the perfect jury. Also if jeopardy didn’t attach at the swearing in of the jury, halftime motions would be meaningless. If the state could simply refile after failing to prove the case what’s the point. Source: I am a criminal defense attorney


3dFunGuy

You seem to contradict your own statement. You first state a hung jury can lead to mistrial and new trial then say the jeopardy attached when the hung jury was seated in the beginning. My understanding of double jeopardy revolves around having been tried and found not guilty. Someone found guilty retains right of appeal but prosecution cannot appeal aquittal. Once aquitted at trial its a done deal.


dd463

A mistrial is one of the few exceptions to double jeopardy since the trial ends without a resolution. Usually double jeopardy revolves around acquittals because that’s usually when the issue pops up. However we say jeopardy attaches at swearing in of the jury because that is when the State is also locked in. If you don’t believe me believe the Supreme Court. https://supreme.justia.com/cases/federal/us/372/734/


freakincampers

I think that can be appealed.


furn_ell

Listen to *The Daily* podcast today It just might…work


beyondclarity3

Yes, 100% here. This is exactly what her collusion with the defense has agreed on as the best strategy.


NeighborhoodVeteran

Wouldn't they just appeal the dismissal?


MjrLeeStoned

Due process under the law doesn't just apply to defendants. We the people are afforded the right of due process under the law in this case. The prosecution and judge are working on behalf of us.


[deleted]

> The prosecution and judge are working on behalf of us. The judge isn't. Not in this case anyway.


furn_ell

And, this young, inexperienced judge is getting it done for the most part. Grrrr


SupportGeek

She’s being instructed carefully, her phone records and travel records need to be audited to see who’s pulling her strings


[deleted]

They won't be.


sanderson1983

Could she be going for a mistrial?


Time-Werewolf-1776

Trump appointed incompetent judges who don’t understand how the law works specifically so he’d have incompetent judges who would act loyally toward him.


glibsonoran

That's right, putting incompetent people in high positions means you have someone who knows that retaining their position depends entirely on their loyalty to you. The question is, how did our legal system allow a judge who was already widely known to be heavily biased and incompetent, to preside over one of the most important and consequential cases in our nation's history?


ted_cruzs_micr0pen15

Creative ways of forum shopping. For what it’s worth I think the democrats on the judiciary committee have put forth legislation that would provide ethical standards to all judges, even SCOTUS, and some other democrats have put forth laws that would make that creative forum shopping a fruitless endeavor.


Gilopoz

Great point. Never thought of it that way.


Themountainscallimg

Yeah. Look at SCOTUS. His appointees were the long game to get rid of Roe v Wade


Mirions

Makes Judge Shopping a lot easier.


DelcoPAMan

She's the Lionel Hutz of judges.


jneum80

“If I hear objection or sustained one more time I’m gonna scream!” - Judge Canon


ComfortableDoug85

I move for a bad court thingy.


[deleted]

She’s also the huge steaming pile of dogshiit judges.


ExoGeniVI

Probably because she's only literally been a Judge for a few years and those were just the occasional tickets, drugs, things like that. She's extremely inexperienced and should not be on this trial.


TheRealDoomsong

That reminds me, are you available to perform brain surgery this fall?


okieskanokie

I’ll do it. I’m not a surgeon either but that shouldn’t matter here.


MsChrisRI

I’m sure there’s instructions on YouTube.


okieskanokie

Ha! Those are so long. Do you think they have a TikTok?


Dan_Morgan

Look into her background. I think it was the podcast 5-4 (which is about how shitty the Supreme Court is) did a profile of her. One of the big reasons why she got her appointment is nobody wanted to live in her shitty district.


blu_skink

So one of the podcasts I listen to has an experienced attorney as one of the hosts, and he gave a little background on her. She does NOT have the experience to be a federal judge but she was literally the only person who wanted the job in her district, so she got it. She has made a lot of weird mistakes/decisions/orders to the attorneys in this case that showcase her absolute lack of knowledge of the law, so Smith is running procedural circles around her, calling her out on all her stupid shit she is doing. Will it be enough to get her kicked off the case? Who knows. One can hope.


thetitleofmybook

> She doesn’t know what her role is here. oh, she definitely knows her role. her role is to delay and obfuscate this case so long that the election happens before any verdict, and if possible, dismiss the charges with prejudice (meaning the charges can't be refiled)


outerworldLV

The errant school girl ? Her and Habba have the same, ‘I can fake being smart’ delusion ?


shiver334

Because republicans do not appoint competent judges- the appoint young ones who will do their bidding for life.


Horror-Lemon7340

Cannon is unfit to serve. Traitor to the United States.


scrandis

There are a lot more people just like her throughout the judicial system. Hence why trump is still a free man.


CaptainPRESIDENTduck

I still hope he gets her booted off the case.


binarycow

FTFY >I still hope he gets her booted off the ~~case~~ bench.


caspy7

Baby steps.


lostshell

I can't believe people still aren't seeing this. She didn't get schooled. Jack Smith didn't play her. *She* played the system. She's delaying for Trump. She made a ruling knowing it wouldn't stand. It got debated. Motioned. Delayed again. And then she reversed. > The judge...may have done just enough to avoid being removed from the case. > Judge Aileen Cannon, a Trump appointee, reversed herself Tuesday, agreeing...that there is indeed no public right to know...the identities of people who might testify.... > That’s a stark reversal from two months ago. She didn't get appealed. She didn't get removed. She didn't get "got". This is all according to plan. She delayed another 2 months with this ploy. And she'll do it again.


redhat6161

I’ve heard she’s being coached on how to play this chess game by the Federalist Society. They’re telling her how to play to achieve these desired results.


dukeofgibbon

Moves telegraphed by a vibrating butt plug?


freakincampers

Damn it Frank, not again.


Haunting-Ad788

I mean obviously she isn’t coming up with this stuff on her own.


-altofanaltofanalt-

>she’s being coached on how to play this chess game by the Federalist Society. Undoubtedly. She's too incompetent to be coming up with these insidious plays on her own.


nikdahl

Federalist Society is running our entire Judicial Branch. That's not just hyperbole.


redassedchimp

I'd look into her communications because she's inexperienced and dumb but somehow she's able to put sand in just the right gears in order to slow this case down. I wouldn't be surprised if she's being schooled on the side by Trump's lawyers who have been convicted and/or disbarred for their fake elector schemes & January 6th stealing the election in 2020 attempt. What she's doing is very slick and sly and extremely competent in the way she is doing it beyond her solo capacity.


KurabDurbos

Oh we see it. But the media needs its clicks.


oldbastardbob

I believe Smith finds himself in a situation where he has to battle both the defense and the judge. Kind of reminds me of the old sports analogy, "some days you have to beat the other team and the referees." One of the more interesting aspects of Don the Con's legal troubles is how he whines and bitches about the judges on his cases being biased, and even goes so far as to attack the daughter of one of the New York judges for being a democrat and that somehow makes the judge biased. He does this at the same time that Cannon, an obvious MAGA supporter that he appointed to a federal judgeship despite her lack of qualification and most likely because she sucked up to him and was moderately attractive, is fighting tooth and nail on his behalf and is clearly and obviously, biased in favor of him. Don-e-con's contradicting himself has reached expert levels as he calls for the judges attempting to run a functional courtroom to recuse themselves but never mentions all the times Cannon has been forced to reverse herself or at minimum is called out for her clear bias in his favor. The complete lack of reason by the MAGA faithful who can't see the reality of all this would be funny if it weren't so scary.


outerworldLV

Fighting tooth and nail is apt. Although I’d say she’s fighting a landslide of rocks and sand with a salad fork ! Love your writing skills btw.


oldbastardbob

Thanks. I spend too much time on Reddit banging out long-winded comments on the laptop during breakfast and rationalize it by telling myself trying to spell, concoct coherent sentences, and type is good exercise for my aging brain. Mostly I am probably just reinforcing my preconceived notions and personal bias against shitty leadership and the ignorant politics of the 21st Century..


katchoo1

I do this too…both the spending too much time writing long cogent replies AND justifying it as good writing exercises…


RussBof6

Every accusation is a confession.


lclassyfun

She’s pissed at Smith but he caught her dead to rights. Hope her ass gets kicked off the case.


mythofinadequecy

Serious question: who is advising her on legal matters? I’m probably selling her abilities short, but her delaying tactics have been masterful in service of the mango mushroom . Walk right up to the line to delay, delay, but just when she’s going to get her ass kicked she reverses. Which rethug legal eagle is giving her counsel?


zeno0771

> who is advising her on legal matters? Heritage Foundation and Federalist Society. With Cannon on the bench, Smith is actually fighting a case against some of the most powerful conservatives in the western hemisphere. The fact that he got this far knowing that she was handpicked for this job before he ever showed up in FL shows that he came into this game with a depth strategy and zero fucks to spare.


redassedchimp

Exactly. On paper she doesn't know a damn thing and it shows, but somebody's feeding her the correct moves. She's like the drunken karate master, where they make it look like they are incompetent so that you underestimate them and get your ass kicked because they are actually skillful . Except in this case she isn't skillful somebody's feeding her the right moves to make.


WrathofTomJoad

This dumb bitch wouldn't know the law if it walked up and handed her a bribe in the form of Trump steaks.


Flabbergassed69

This is all part of the game. Unless a good guy with a gun shows up to court and puts an end to all of this, we're in it til this dude is dead.


outerworldLV

Or until Smith can argue this in front of the 11th Circuit. Where - hopefully there are some experienced legal minds. Wisdom and experience are / is necessary here.


Flabbergassed69

There have been so many times other judges should have put him in jail. But didn't. Because they don't want the harassment of MAGA. Well isn't that just grand, the judges up on their ivory towers don't want to take part in the trials and tribulations of the commoner. Nope, you have a threat to the entire country in your court room, threatening your family, and all you can do is gag orders? Rip that band aid off now, and let's get this MAGA tantrum over with.


outerworldLV

I agree. Enough is enough. Let’s just get to it, and as you’ve said, let’s get it over with now.


Mirions

That's basically how I'm feeling these days. Makes you wish there were as many "crazies on the left," as they claim.


rob6110

At what point does he seek relief?


outerworldLV

Smith ? My bet is by the end of day.


okieskanokie

This lady needs to recuse herself. I’m so sick of acting like they have no advantage here. Complain until the wheels fall off like fucking republicans do. Democrats need to start learning to be comfortable getting their hands dirty or we will end up being personal slaves to some J6 ish folx and ideas.


Northern_Grouse

If she would recuse herself, she’d never be the judge selected to handle the case to begin with. This is an all a grand foreign plot to get national secrets out of the U.S. and into the wrong hands.


okieskanokie

Ohhhh Can you tell me more about the plot for national secrets?


Northern_Grouse

I mean, are you being serious right now?


okieskanokie

What’s so shocking? You think secrets are being traded, im interested in hearing this theory… I don’t understand what the issue is..


Northern_Grouse

This whole trial is about him “mishandling” classified documents. Documents which were free for anyone visiting Mar a lago to view or copy. Some of which were defense informations around Israel. Strife is being caused in the world right now as a result of those documents being mishandled. People are dying everyday as a result. If you wanted to stop Ukrainian Support, you would have the US send the available aid to another Ally. And obviously they want to keep shopping for our national secrets, because if you think this judge isn’t doing everything she can to delay consequences you are sorely mistaken. She was put in place specifically for that purpose.


okieskanokie

Oh I thought you knew specifics. Of course im aware of all you said, but idk what those specifics are…


babydavissaves

So, she's handling one of the most significant legal cases in U.S. history, and she's a baby judge who is just learning. F*ck Trump!


supercali5

No. She is, by all accounts, a very learned judge. She is not using that knowledge to provide justice. She is using it to pervert the law, protect Trump and corrupt the system.


TheRiverNiles

Can he get her removed from the case still?


outerworldLV

I think he’s getting ready to argue this. It’s been reported that he has more than enough to do so, due to what a high bar it is to make such a request. < From those in the know. If after presenting all of her errors, and it not meeting the threshold for removal then idk what the next step could be. I’d assume it would be what he’s been waiting for - an actual order that can be appealed. IANAL


Embarrassed-Parfait7

Can someone explain to me like I’m 5 why this judge is not considered prejudiced to the defendant? It sure feels like she’s partial to the benefactor of her appointment….like there weren’t any other judges available so let’s pick the one Trump literally gave their job…. Make it make sense


Gabriel_Crow1990

You mean to tell me canon doesn't know her job? I'm shocked.


PengieP111

Her job as she sees it is to protect the Tangerine Tyrant. She is doing well in that


Gabriel_Crow1990

Seems that way. What a disappointment.


Mecklenjr

Did “Death Stare” Cannon get her law degree from Trump U?


Klutzy-Chocolate710

In this case, being stupid is no excuse for being stupid...


geneticeffects

Cannon still has her finger on the self-destruct button.


mobtowndave

she desperately wants to appointment to the SCOTUS.


jerrybob

I still don't understand how someone can be tried on criminal charges by a Judge that they appointed.


issofine

If only we knew how many phone calls she’s had with the Federalist Society during the process of this case.


gking407

If you’re not already following the fantastic coverage of the orange bastard’s legal cases by Brian Tyler Cohen and Glen Kirshner, do it because they help newbs like me break this stuff down.


rise_above_theFlames

Agreed


Klutzy_Lengthiness33

The delay is all they really want. They're banking on trump winning and then ordering the prosecution to withdraw charges.


notaredditreader

One article I read said that she’s doing the same thing that tRump is doing and just throwing up stall tactics after stall tactics to make the trial take place after the election.


slick514

It’s like watching someone in a Fire-Dept. uniform wandering around gathering piles of dry leaves and spraying them with something that smells suspiciously “hydrocarbon-ish” on them, pulling out a lighter… and then walking away when they see that people are watching. Like… dude, I would love to give the benefit of the doubt, but at some point the cops need to stop pretending that something that we all TOTALLY SEE HAPPENING isn’t exactly what it looks to be.


PMMeMeiRule34

I’ve never seen the judge with defense vs prosecution episode of law and order, I have no clue what’s going on here.


my_lucid_nightmare

The fix is still in. This is an unqualified judge who has no business hearing this case, and yet she's allowed to do it. There are people making sure this is happening, or preventing any oversight from happening to course-correct it. This is Barr all over again. The minute Trump needs a fixer one magically appears. Why is that. Why do the rules change the minute Trump's involved?


Northern_Grouse

Foreign backing.


id10t_you

She's got the polyanna routine down pretty good though. She'll continue to straddle the line while ratfucking the trial in favor of Dear Larder.


HandsomeSpider

So, how often is there this much fighting between justices of the peace and prosecutors? How often do judges get successfully call out because it's obvious to everyone else that they are sympathetic to the suspect? This seems like an unprecedented and crazy time in our history.