Re: In other news, Trump / classified docs case has been dismissed

RememberTheDanny

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Jul 15, 2024, 2:43 PM

The deterioration of the prosecution’s case took place gradually, and then suddenly.

In the original indictment, the prosecution (Jack Smith’s team) delayed producing materials that the defense had requested as being potentially exculpatory evidence. The prosecution insisted that all potentially exculpatory materials had been provided to Trump’s team, and had even provided tabs and sequence information to assist Trump’s team to expeditiously prepare their defense. Judge Cannon went along with this as a something like a conditional decision, but left the door ajar for further considerations on behalf of the defense.

There were a series of motions and counter-motions filed over the ensuing few months. This frustrated the prosecution, because their objective was to get a conviction before the election.

Here is where the prosecution, in their zeal to accelerate the pace of the proceedings, berated Judge Cannon for the delays. By this time, this same prosecution team (also engaged in the Trump / J6 case) had been required by the DC courts (the venue for the Trump / J6 suit) to have not adequately taken the question of presidential immunity into consideration. NOTE: This was long before SCOTUS passed down their ruling with respect to presidential immunity. The DC Appeals Court took up the matter of presidential immunity with respect to the Trump / J6 case. Simultaneously with the DC Appeals Court internal deliberations to consider whether or not to take up the presidential immunity matter, Jack Smith’s team sought to leap-frog the DC Appeals Court and get SCOTUS to rule. This was a big mistake, because such a request is not consistent with the prosecutorial acumen of a legitimately appointed Special Prosecutor (like Mueller).

Judge Cannon, recognizing Jack Smith’s dubious prosecutorial acumen in the Trump / J6 case, became more amenable to Trump’s requests for the discovery material in the Documents … materials that Jack Smith’s team had fought to not disclose.

Here is where the Jack Smith prosecution of the Documents case started derailing.

Jack Smith’s team provided a trove of new documents, but they were redacted to the extent of rendering them as useless. Motions and counter motions were filed. Eventually, Judge Cannon ruled that most of the redactions be removed.

It got worse for Jack Smith. The now-Unredacted files revealed the evidence tampering by the FBI and the DoJ’s coverup of that evidence tampering. Furthermore, the prosecution was exposed for a combination of coercion & quasi-bribery to get one of the defense lawyers to ‘flip’ and become a witness for the prosecution. While Judge Cannon did not dismiss the Documents case on the basis of either of these major instances of prosecutorial misconduct, the prosecution’s poor ethics opened the door for an amicus brief filed by former Reagan era AG Ed Meese, in which the Constitution’s provisions for the appointment of a Special Prosecutor (Special Prosecutors can only be chosen from among US Attorneys) were contrasted against the un-Constitutional process by which Jack Smith (who was never qualified as a U.S. Attorney).

From what I understand, Judge Cannon, examining the unethical conduct of Jack Smith in the light that he was not a US Attorney before being chosen as Special Prosecutor, led Judge Cannon to dismiss the case as not being legitimately brought by the government.

case by then suspicious about Jack Smith’s

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If the case against Trump wasn’t rushed with the intent of maximizing political impact, then it is possible that the Jack Smith team’s terrible mistakes would not have resulted in so many lengthy delays. It is reasonably likely that the combination of justifiable delays (via motions which eventually exposed the multiple instances of prosecutorial misconduct) helped to inspire Ed Meese to file the amicus brief that eventually led to the dismissal of the case. Also, note that Ed Meese didn’t file his amicus brief until ~ 9 months into the proceedings.

(*). Had Jack Smith (actually, this was Merrick Garland at the WH’s behest) not prematurely filed the indictment, and had the prosecution not gambled that their deliberate coverup of and misrepresentation of the FBI’s evidence tampering, then some of the defense’s motions would not have been relevant. After all, had the prosecution provided the entirety of discovery materials up front (and in Unredacted form), then there would not have been time-delaying motions and hearings to dissect the motions and counter motions.

(*). This delay also gave legal scholars the time to piece together the prosecution’s conflict with The Constitution’s Appointments Clause. Again, there was about 9 months between the filing of the indictment and thebfiling of the amicus brief. In addition, the previously mentioned delays allowed for Team Trump's motion to file the Appointment Clause violation, Judge Cannon could rule that this motion was timely.

(*). Hsd Team Trump not filed their Appointments Clause motion well before the start of the jury selection process, then she would have been compelled by law to ignore the motion as not beingntimely.

(?). If the government's case had been airtight, as per what we had heard again and again by selected media outlets, then why did the prosecution gamble by concealing evidence that (again, per the prosecution's assurances, everything had been disclosed) woukd have been used by Team Trump to prepare their defense? (This is a rhetorical question; clearly the prosecution was deeply worried about the FBI's admitted evidence tampering. The prosecution knew that their case would have been damaged if the FBI's evidence tampering hsd been proactively revealed.)

(***). At the end of the day, the government lost this case all by themselves. Blaming Judge Cannon for simply following the bread crumbs that were laid out before her by the various motions exposed the fatal mistakes by the prosecution that delegitimized the overall case. It would have taken a corrupt or incompetent judge to NOT have dismissed this case.

In other news, Trump / classified docs case has been dismissed

Great news for Hunter!***

Lulz.

Re: Lulz.

Re: Lulz.

Re: Lulz.

Me too.

Re: Lulz.

We know Gaetz wouldn't

Well, lock him up and lock her up have something in common now.