Mar-a-Lago judge scolds Jack Smith and swiftly shuts down his Trump gag demand, warns of sanctions

[BumRushDaShow]

Last edited Tue May 28, 2024, 12:23 PM - Edit history (1)

Source: Law & Crime

May 28th, 2024, 11:44 am


The judge in the Mar-a-Lago case moved quickly to dispose of special counsel Jack Smith’s gag order request the morning after former President Donald Trump’s lawyers supported sanctions for prosecutors over their decision to count a holiday weekend email thread as “meaningful conferral.”

Just hours earlier, Law&Crime reported that Trump lawyers on Memorial Day demanded that U.S. District Judge Aileen Cannon take the prosecution to task for their filing at the end of last week looking to stop Trump from putting law enforcement in “foreseeable danger” with falsehoods about the Mar-a-Lago raid — particularly, statements on Truth Social claiming that the feds were authorized to assassinate Trump.

The judge did, in fact, take Smith’s team to task. While Cannon’s order on Tuesday technically amounted to a draw, since the judge denied both motions without prejudice (meaning they may be brought again), she scolded Smith’s team in no uncertain terms for poor lawyering.

“ (T)he Court finds the Special Counsel’s pro forma ‘conferral’ to be wholly lacking in substance and professional courtesy,” Cannon wrote. “It should go without saying that meaningful conferral is not a perfunctory exercise. Sufficient time needs to be afforded to permit reasonable evaluation of the requested relief by opposing counsel and to allow for adequate follow-up discussion as necessary about the specific factual and legal basis underlying the motion.”

Read more: https://lawandcrime.com/high-profile/judge-cannon-swiftly-shuts-down-jack-smiths-trump-gag-order-request-for-lack-substance-and-courtesy/

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CNN taking too long to update and other M$M are following the current trial.

Full new headline: ‘Wholly lacking in substance and professional courtesy’: Mar-a-Lago judge scolds Jack Smith and swiftly shuts down his Trump gag demand, warns of sanctions

Original article/headline/source -

Judge Cannon rejects request for gag order against Donald Trump in classified docs case

Published 11:24 AM EDT, Tue May 28, 2024


CNN — Federal Judge Aileen Cannon on Tuesday rejected special counsel Jack Smith’s request for a gag order against Donald Trump in the classified documents case, saying that prosecutors’ request was “wholly lacking in substance and professional courtesy.”

This story is breaking and will be updated.

https://www.cnn.com/2024/05/28/politics/trump-gag-order-cannon-classified-documents/index.html

[Ocelot II]

1. Quelle surprise.

[Bernardo de La Paz]

3. It is a surprise. I have never known Smith to make a discourteous or unprofessional filing

Plus ... legal commentary seemed to indicate Smith would have an opening to appeal to 11th circuit and they slapped her down twice already. Possibly I'm confused (wouldn't be the first time) and it might relate to another Smith filing in this case.

[Ocelot II]

7. It certainly isn't a surprise that she denied the motion.

[2naSalit]

19. What I saw...

On MSNBC analysis was that Smith was requesting further restrictions be applied to the terms of release which means the terms under which his is out on bail not the gag order itself. That's how I understood it but I may not have that right.

[SKKY]

2. She's begging to be removed from this case...

...there is no way she is this bad at her job.

[Bernardo de La Paz]

4. She can recuse herself at any instant. . . . . . nt

[SKKY]

11. You're correct. I should have put "removed" rather than recused...

....I've edited it for clarity.

[thesquanderer]

12. If she recuses herself, TFG will attack her. If she is forced off, TFG will call her a hero. n/t

[Irish_Dem]

22. If she recuses she doesn't get what Trump has promised her.

[catrose]

5. Wholly lacking in substance? She should talk to Miss Ruby & Shaye

[iluvtennis]

6. Because Smith didn't confer with TSF's counsel - seriously? Are prosecutors required to consult with defense counsel

before submitting a motion? This doesn't make sense. Fingers crossed that Jack Smith's team appeals this to the 11th circuit.

Katie Phang@KatiePhang
ICYMI: Judge Cannon has DENIED, without prejudice, Special Counsel Jack Smith's Motion to Modify Trump's bond conditions because...Smith didn't "meaningfully confer" with Trump's counsel before filing the motion.

Link to tweet

[Ocelot II]

8. At least it was denied without prejudice, so they can bring it up again.

[onenote]

37. Correct. Which is why the posts assuming he can immediately go the 11th Circuit are mistaken.

You can't get an interlocutory appeal of a denial of a pre-trial motion without prejudice.

[getagrip_already]

10. He did reach out to them, they refused to confer....

Was he supposed to beg?

[GreenWave]

26. This sounds super important. Defense is showing a callous and reckless disregard for the lives of FBI officers.

They simply want more blabbing delays while officers are at risk.

[onenote]

36. Under the rules of the Southern District of Florida, conferral is required.

You may not think it makes sense, but it is a long-standing rule. One that the prosecution undoubtedly knows about, having previously been criticized by this judge for not complying.

Rule 88.9, Rules of the Southern District of Florida:

"... at the time of filing motions in criminal cases, counsel for the moving party shall file with the Clerk of the Court a statement certifying either: (1) that counsel have conferred in a good faith effort to resolve the issues raised in the motion and have been unable to do so; or (2) that counsel for the moving party has made reasonable effort (which shall be identified with specificity in the statement) to confer with the opposing party but has been unable to do so. This requirement to confer shall not apply to ex parte filings.

[iluvtennis]

41. Thanks for this post. n/t

[TheRickles]

9. It'll be appealed, and then it's "Strike three, you're out!" for Cannon.

[thesquanderer]

13. "professional courtesy" is a legal requirement?? n/t

[GB_RN]

14. This Is Nothing But...

More delay and stonewalling of the case by “Judge” Loose Cannon.

IANAL, so take this for what it’s worth, but I suspect that by making the denial “without prejudice” she short circuited Smith’s ability to successfully appeal it at this time. I think that leaving the door open to refile after he corrects (in her head) whatever deficiencies there were in the original application for the gag. So, Smith then has to play along and waste time before repeating this nonsense and then being able to go to the 11th with an appeal.

Any DU legal experts feel free to correct me if I’m mistaken. I’m simply looking at this from a strategic standpoint.

[Attilatheblond]

20. She is itching for a fight so Trump can get in front of micraphons, whine, snivel, and fund raise

The 11th should slap her down HARD. Are there ways she could be punished for her obvious bias?

[Irish_Dem]

23. If you are correct, Cannon is a bit more clever than we thought.

[GreenWave]

27. She probably has lots of helpers invisible to the people

[pfitz59]

30. I believe you are right.

Perhaps a Leonard Leo imp is working on her staff?

[Irish_Dem]

33. At least she has the sense to take their advice.

Unlike her cult leader.

[brush]

32. She just looks for ways to further delay the trial. Note that the delays are always in trump's favor.

[Irish_Dem]

34. Yes and she has been doing an excellent stalling job for her cult leader.

[Lovie777]

29. Sounds about right........................

another delay.............................

But again, she is also wasting points in the end because we all know shithole can't keep his mouth shut and will repeat those threats against law enforcement which will make her look even worse, if that's possible.

[2naSalit]

15. Okay...

[unblock]

16. Sounds to me like Donnie can prevent the gag order by simply refusing to confer on the matter

I'm no judge, but seems to me a more effective process would be to order Donnie's team to respond to the motion.

Of course, my goal is justice; not sure that aligns with Aileen's goals....

[onenote]

38. Wrong.

The issue here is that the government didn't make a serious effort to confer. The defense offered to confer on Monday, and given that the court was unlikely to do anything before the Memorial Day holiday, refusing to wait and have the discussion the defense offered to have was a self-inflicted mistake by the prosecution.

[Irish_Dem]

17. Trump puts law enforcement in danger but Smith gets scolded by the judge.

Figures.

[Midnight Writer]

18. Honestly, I'm surprised she didn't schedule a hearing on this matter. Probably next February.

If she needs input from the defense team, why doesn't she just ask them? She is the Judge, after all.

[bluestarone]

40. I'm not surprised. Hell she can wait as long as she wants for a reason to set a hearing up.

As soo as they agree to Confer, THAT'S when she will set a hearing for like say March.

[republianmushroom]

21. And the little puppet judge is doing her puppet dance for her master as he

pulls her dancing strings.

[slightlv]

24. This just takes the cake!

Gods, I wish he'd take it to the full circuit. Stop this playing around with her. This should have been the first case adjudication because of its national security implications. And I still think he should have filed it in DC... but IANAL.

[gab13by13]

28. Filing in DC was not an option,

the serious crimes were committed in Florida. Some of the crimes TSF committed in DC were while he was still president which means he appeals for immunity, etc.

TSF would not have been charged under the espionage act had the trial been held in DC.

[liberalmediaaddict]

39. Why was their a DC jury?

The SC office had a DC jury looking at the case. And then suddenly Trump was indicted by a jury in Florida.

If the crime was solely committed in Florida why did Smith even bother with DC?

My wild guess is he was rea
dy to file the case in DC but was worried any verdict would get overturned for "charging the defendant in the wrong jurisdiction."

Personally I think the SC shouldn't have bothered filing in Florida if they knew their was even a 10% chance they'd get a Trump appointed judge like Cannon.

They could have focused on Bedminster NJ instead. Since Trump moved classified documents their.

Cannon is never going to allow this case to go to trial. She's basically working for the defense team.

Smith should stop wasting time and resources battling this corrupt and incompetent MAGA judge. Focus on the January 6th case. Cannon's only goal is to delay and to make the prosecution team look illegitimate to the public. She's succeeding on both counts.

[NanaCat]

44. Two different crimes, two different jurisdictions

When he took the documents that he wasn't supposed to have, that was in DC; ergo, everything related to the actual taking of the documents is in that court system.

When he refused to return the documents he had taken and the government had to seize them, that was in FL; ergo, everything related to keeping the docs illegally is in the FL court.

You charge where the crimes occur, and must go through those jurisdictions to adjudicate it, like it or not.

[cactusfractal]

25. There is plenty...

...of piano wire for this one.

Someone just needs to pick the lamp post.

[alwaysinasnit]

31. She sure was expeditious about ruling on THIS motion.

[onenote]

42. Would you have preferred that she sat on it and then denied it without prejudice?

[alwaysinasnit]

43. Not at all. I am only commenting on Loose Cannon's prediliction for lollygagging on making rulings

on the motions before her, I suspect for the purposes of helping tfg to delay the case as much as possible.

[Novara]

35. It wasn't a "gag demand."

See also: https://joycevance.substack.com/p/the-week-ahead-366

There are at least two reasons Judge Cannon should grant Smith’s motion. Trump’s conduct is a threat to the safety of law enforcement and also to the integrity of the case—his conduct could prejudice potential jurors or frighten witnesses off of testifying truthfully. Smith reminded Judge Cannon that previously, she “underscored” the court’s “independent obligation to protect the integrity of this judicial proceeding.” Adding new conditions to a bond that a defendant has to abide by if he wants to remain free pending trial is common when problems arise. The statute that governs this type of situation, is 18 U.S.C. § 3142(c)(1)(B)(xiv), authorizes judges to impose conditions on a defendant in order to assure the safety of other people and the community.

Why did Smith go this route instead of asking for a gag order? That’s a great question, and I think it suggests where Smith is headed. 18 U.S.C. § 3731 is the statute that governs appeals that are taken by the United States (rather than by a defendant). It specifically authorizes the government to appeal if a district judge denies a motion to modify the conditions of release.

But:

Trump’s lawyers objected to the motion being filed ahead of the holiday weekend. Smith explained in a footnote: “The Government has contacted counsel for defendant Trump, who stated that they object to the Motion and the timing of the conferral on a holiday weekend; it is their position that the Government has not provided an opportunity for meaningful conferral. They do not believe that there is any imminent danger, and asked to meet and confer next Monday. However, within just the last few hours, Trump has continued to issue false statements smearing and endangering the agents who executed the search. See https://truthsocial.com/@realDonaldTrump (‘reTruthing” statement claiming that the FBI was authorized to use “‘Lethal Force’ on Trump or anyone at MAL – WHILE the FBI/DOJ plants evidence to frame Trump!!!’).”

So they actually made an attempt to confer with the defense and were rebuffed. But Smith went ahead and filed anyway, because he felt there was danger in waiting any longer.

A lot of the legal experts are saying she is entirely acting within her authority to require them to confer before re-filing, which, I assume is exactly what will happen here.

This is not yet a recusal action, sad to say. But they are piling up.