Jack Smith Basically Has One Option to Save the Classified Documents Case
https://slate.com/news-and-politics/2024/05/jack-smith-aileen-cannon-donald-trump-classified-documents-trial-writ-of-mandamus.html
Jack Smith Basically Has One Option to Save the Classified Documents Case
https://slate.com/news-and-politics/2024/05/jack-smith-aileen-cannon-donald-trump-classified-documents-trial-writ-of-mandamus.html
32 comments
>It’s called a writ of mandamus, and it’s a centuries-old rule that allows a litigant to bypass their assigned district court judge and go directly to a court of appeals to ask for a court order mandating a judge to correct any abuse of discretion and force them to act according to their judicial duties. It’s essentially a legal slap on the wrist, but it’s rarely used because district court judges are typically given a lot of leeway to run their dockets and appellate courts are loath to get involved.
In other words, our court system thinks legal ethics are a nuisance they can’t be bothered with.
A writ of mandamus is a *really* big gun and as such is subject to a very high bar… but honestly I think one is warranted at this point. Cannon is either completely incompetent to preside over this case or she is wilfully sabotaging it. There really isn’t any obvious or plausible middle ground. Even if I were to be incredibly generous and suggest that her inexperience coupled with the unique and incredibly consequential nature of this particular trial etc etc, there are still way too may aspects of her behavior that scream “incompetent or corrupt” — a writ of mandamus may be the only action powerful enough to ensure a proper trial.
My understanding is that it’s very unlikely to succeed but he might be out of options. The national security implications might be enough to convince the appeals court but it’s a Hail Mary no matter how you look at it.
Trump took top secret documents and then lied about having them to the DOJ. The most sensitive documents he took are still missing apparently. Relating to nuclear secrets (if im not mistaken)
He should have been sent away to never be seen by anyone again, just from his efforts to overturn an election he knew he lost. That makes him a traitor.
The classified documents case, which he is almost definitely guilty of; makes him a spy. As a hurricane map expert once said “You know what we used to do in the old days when we were smart? Right? The spies and treason, we used to handle it a little differently than we do now.”
Cannon is complicit. She should suffer the same punishment.
Writs of mandamus are *extremely* rare.
From 2008 to 2021, there were 501 mandamus petitions at the federal Court of Appeals level. Only 68 were granted (13.6%). And even that number is inflated due to the majority of the case types that get petitions granted and two particular districts: transfer of venue petitions in patent cases in the Eastern and Western Districts of Texas.
The bar that Smith would have to reach in order to have a writ granted is extraordinarily high. He can’t just go to the 11th Circuit and say “Cannon is obviously being unfair in this case”. He needs to provide concrete proof that indicates Cannon has or will *permanently* damage the case. As the article points out, it’s not an easy thing to do. He *might* be able to argue that Cannon’s been giving Trump way to much time in the way of delays, but it’s a very large “might”.
This case is really about the Federalist Society shepherding their chosen presidential candidate past the finish line in November. From Cannon, to the 11th Circuit that would review Smith’s *writ of mandamus*, all the way up to the SCOTUS conservative majority, Federalist Society judges lie in wait to play defense for trump.
The Federalist Society is also planning Project 2025, in which a trump presidency plays a key role. Leonard Leo’s Christo-fascist dream come true.
Anyone else stealing classified documents would have been sent away a long time ago. Cut and dry case with video and photographic evidence. But for the Federalist Society’s chosen presidential candidate, nothing is illegal if the Right judges oversee the case.
Must be tough to save a case that is cut and dry a crime. At the very least can they release some of the recording of trump selling off the classified secrets?
He has two. He can drop the current case and then file a new one. He can still do this once if a writ of mandamus fails.
This seems as good a time as any to mention that I’m a lawyer with 10+ years of experience and I’m still not quite sure what exactly a writ is.
Also, what is subrogation. I think I get the legal concept, but like, can someone use it in a sentence?
I am stupidly naive and ignorant here, but couldn’t Smith say no matter what the outcome this is going to get appealed? Raising it up a level would essentially skip a step and help with the whole speedy trial thing.
cannon is completely fucking this up…she is incompetent..as well as doing it on purpose…this isn’t even debatable..hard stop
is it “steal the declaration of independence”?
Legal Twitter is all over the place on this one. Some say Smith should pull the trigger while others say that what Cannon has done so far is nowhere close to the standard for removal, at least based on what we know.
I think she’s going to tank this case whether it goes to trial before the election or after, and it’s not like she could be any more biased towards Jack Smith than she already is, but at this point the chances of the case going to trial before the election are already remote, so Smith has nothing to lose by waiting a few more months to see if she slips up.
If Trump could be taken down because someone used a Writ of Mandamus on him, well that would be awesome. I might have tried the Scoll of Antipathy or the Tome of Oblivion, but Mandamus would be a master stroke.
Unfortunately, even if Smith won on appeal, wouldn’t it end up going to SCOTUS? Who would probably send it right back to Cannon?
Is there any deadline/timeframe that Smith would need to act in order to get a) Cannon of the case or b) force her to set a trial date before November?
Not true. The case IS still ongoing, it’s just delayed until Judge Cannon actually sets a trial date, which she does have to do at some point but unfortunately that’s up to her. There was almost no chance this case would ever wrap up, let alone start, before the election, now it’s unlikely to start until 2025 but it will start.
The books are already cooked. They can’t just slap her on the wrist and tell her to get to work, she has to be replaced. If she stays on as the judge she’s just going to continue to tank the case, and once a jury is seated, double jeopardy takes effect. She’s not going to suddenly stop favoring Trump.
Trump won this one. A trial can’t happen before November. A new judge would need way more time to get up to speed than by November. Smith should get the writ of mandamus, have Cannon removed, and then hope that Trump doesn’t win the election and put him and everyone who worked on the case in prison.
Smith had one shot at this and as soon as Cannon was “randomly” appointed, he lost. He should have instead prosecuted for January 6th in DC, which Garland didn’t want because he feared more protests.
Trump is the turd in the toilet bowl that just won’t flush. It’s mind boggling how much that POS gets away with
Get rid of Cannon she needs to be removed from the case , she is a die hard maga
Well if Jack ain’t got But one option he sure is keeping that option close to the vest cuz he ain’t used it yet?
She’s eyeing Thomas’ seat.
I think Smith knows the case is hopeless. He probably knew it the moment Cannon was assigned the case. He figures she hasn’t done enough to get recused so he has nothing going for him. The fact that Trump is guilty (he’s said so many times) is irrelevant, unfortunately.
He should just declare shenanigans.
we also have someone who testified that Trump tried to bribe people for them to get a favorable showing on a tv show. that’s probably not far from breathing for him so why would a judge be any different?
Smith isn’t going to do this writ. Not because he isn’t unwillling as I am sure he has info we don’t on Cannon’s incompetence and corruption. It’s because there is no point in making a major move until the Supreme Court makes their decision on how they are going to attempt to protect Trump. Any move he makes is moot if their decision goes as expected.
Judge Cannon should have recused herself the moment she was appointed this case.
I called this meuller 2.0 from the start and people mocked me.
You’ve got a blatantly corrupt and incompetent judge that no one can do anything about because most judges are corrupt and protect instead of check one another. Cops, basically.
Saw it coming.
I called this meuller 2.0 from the start and people mocked me.
You’ve got a blatantly corrupt and incompetent judge that no one can do anything about because most judges are corrupt and protect instead of check one another. Cops, basically.
Saw it coming.
I called this meuller 2.0 from the start and people mocked me.
You’ve got a blatantly corrupt and incompetent judge that no one can do anything about because most judges are corrupt and protect instead of check one another. Cops, basically.
Saw it coming.
I called this meuller 2.0 from the start and people mocked me.
You’ve got a blatantly corrupt and incompetent judge that no one can do anything about because most judges are corrupt and protect instead of check one another. Cops, basically.
Saw it coming.
I have a feeling if Trump wins POTUS again we will be seeing news articles “Judge Cannon to be confirmed to the Supreme Court.”
I work in healthcare, imagine if doctors and nurses just did the equivalencies. We’d all have our licenses revoked and sued into oblivion.