...grotesquely incompetent. And still I ask: what is the difference to the outcome?Is the source of Trump’s ridiculous legal theories, as all the reporting made clear ages ago.
— Bradley P. Moss (@BradMossEsq) April 3, 2024
If you want to read the billing proper;
But Brad Moss is right with the tl;dr. Trump’s argument is the fevered brain child of Tom Fitton, the non-lawyer lead of Judicial Watch. It’s a completely erroneous reading of the PRA and complete misunderstanding of the facts of Clinton’s tapes he made for his memoir. Trump’s argument actually negates the PRA and turns it inside out, trying to establish the argument Nixon made when he resigned and took government documents with him. That resulted in the PRA which applied to Clinton to Trump, and ended Nixon’s argument for every POTUS after Carter.Special counsel Jack Smith has filed his response to Judge Cannon's request for preliminary jury instructions regarding the Presidential Records Act in Trump's classified documents case.
— Anna Bower (@AnnaBower) April 3, 2024
Read the filing here: https://t.co/mKmH3AdaAR
If Cannon were merely a competent judge she would understand that much. I do, and I haven’t practiced law in 30 years. I understand the PRA simply has no application to these facts, and I don’t know all the facts alleged in the indictment.
Jack Smith is trying to get Cannon to rule on the question so it can be appealed before the jury charge in question is needed. By that time the trial will have ended, and double jeopardy attach, meaning the DOJ couldn’t get the case reversed for this error. If she refuses to rule Smith can appeal anyway, but on weaker procedural grounds.
It is impossible at this point to say Cannon is a competent judge. She is either painfully stupid, or plainly biased for Trump. As I say, the answer might as well be both, because the outcome is the same either way.
Is this enough to forcibly recuse her? I honestly don’t know, but if it isn’t, what could be?
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