Judge Cannon sets deadline for Trump as special counsel Jack Smith insists gag order is needed

[BumRushDaShow]

Source: Law & Crime

Jun 3rd, 2024, 8:17 am


In a Sunday order, the judge in the Mar-a-Lago case set a mid-June deadline for former President Donald Trump to oppose the special counsel’s push for a gag order, which Jack Smith insists is necessary to protect law enforcement.

U.S. District Judge Aileen Cannon ordered up a Trump team response by June 14 on the issue of Smith’s motion to modify his bond conditions.

The special counsel first raised the issue on Friday night of Memorial Day weekend, saying that Trump’s Truth Social posts claiming the DOJ authorized “deadly (lethal) force” when searching Mar-a-Lago amounted to a “dangerous campaign to smear law enforcement” and put potential federal witnesses at risk.

“Those statements create a grossly misleading impression about the intentions and conduct of federal law enforcement agents—falsely suggesting that they were complicit in a plot to assassinate him—and expose those agents, some of whom will be witnesses at trial, to the risk of threats, violence, and harassment,” Smith and his team said.

Read more: https://lawandcrime.com/high-profile/judge-cannon-sets-deadline-for-trump-as-special-counsel-jack-smith-insists-gag-order-is-needed-to-protect-law-enforcement-trial-witnesses/

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Full headline: Judge Cannon sets deadline for Trump as special counsel Jack Smith insists gag order is needed to protect law enforcement, trial witnesses

[bluestarone]

1. Yep, good June 14th. THEN

Decision will be July 14th. (if i know this judge) Waiting to hear the screaming at me.

[getagrip_already]

2. No, then she will give smith another 2 weeks to respond to tsf's response

Then she will schedule a hearing a month out with probation services (something trump is insisting on) but which is irrelevant because he isn't subject to probation oversight as part of his bond conditions.

Then maybe she will hold a hearing st some point.

[FBaggins]

11. The hearing for a motion is usually scheduled as part of filing the motion

Responses usually have to fit into that calendar (which is why it's often six weeks out).

Did Smith ask for something expedited? He should have given his claims.

[onenote]

19. Smith did not seek either emergency or expedited treatment.

Under the rules of the Southern District of Florida, if the moving party wants the motion handled more expeditiously, it must include the words "Emergency Motion" or "Expedited Motion" in the title of the motion and must set forth in detail the reasons for requesting emergency or expedited consideration and the date by which action is needed.

The motion filed by Smith did none of the above. I'm not going to speculate as to why he wouldn't have followed the rules if in fact he wanted action on a shorter timetable than otherwise required by the rules.

[FBaggins]

21. That's what concerned me

His defense of rushing the application to the court the previous Friday and not being able to wait for a Monday conference was that lives were on the line.

But he isn't acting as though he believes it. His actions say that he really wanted the claim to get out in the press for the weekend and start the next round of "will this corrupt judge continue to do the wrong thing" speculation... but he's fine with the court taking a month or more to actually act on the request.

[onenote]

17. No she won't. The rule is that the moving party gets 7 days to file a reply.

And if Smith wants, he can file sooner.

[jimfields33]

3. I find it odd how quiet judge chutkan has been.

The judge hasn’t been in the news in awhile with the trial. I’d think this trial is as important as the Florida trial. They all have to get done. Fulton county also needs done. Both could easily be done before Florida.

[Fiendish Thingy]

4. Chutkan has put her trial on hold pending the SCOTUS ruling on immunity. Nt

[jimfields33]

6. Wouldn't Floridas also be affected by the supreme

Court? I believe that’s federal too.

[BeyondGeography]

7. The immunity "issue" under question by the SC addresses presidential acts

IE what Trump did while President. The Florida indictments are for post-presidency acts.

[peppertree]

9. +1

Cheeto's counting on presidential acts being covered by the Chicken Supremes - and post-presidential ones by Aileen "Where's my Mercedes?" Cannon.

Nice work if you can get it.

[jimfields33]

10. Oh. Thank you.

[Fiendish Thingy]

8. I don't believe Trump has claimed immunity in the Florida case

The immunity case is linked directly to the J6 case.

[bluestarone]

12. I'm sure you're right on this. BUT

I think the JUDGE is the one deciding it's an immunity thing. (complete STALLING reason) Has Smith asked her why she is claiming immunity on this? Am i wrong thinking that the judge took it upon herself to use immunity issue to stall? Can Smith just ask her why she decided this way? Seems like THIS would be the way to ask the circuit court to decide?

[BumRushDaShow]

16. "Has Smith asked her why she is claiming immunity on this?"

I don't think Loose Cannon has addressed anything to do with "immunity" here. That is the issue holding up the J6 case (i.e., the "election interference", inciting a riot, etc.), which started while he was still President, and continued after he left. He was claiming that shaking down states for votes was some sort of "Presidential duty" and whatnot.

What is happening in the case in FL is that Smith is trying to get a gag order... But before that, he was trying to put the necessary guardrails on the classified docs and what could be shown to jurors, etc., and Loose Cannon has thrown all kinds of nonsense hurdles in the way by, for example, accepting 45's "framing" about how Smith's appointment was "unconstitutional", and other idiocy that has deviated far off the path to trial for an open and shut case of mishandling classified documents, and obstruction. She even issued homework assignments to research and discuss the "Special Counsel" appointment theories to help gum up the works.

[bluestarone]

18. Well, she's picking and choosing delay tactics. So

Is there anything Smith could go to the circuit court about? Can he not request the FULL court to look at the reasons this dumb ass judge continue to BLOCK this trial? Hell it's over a year, and still no trial.

[BumRushDaShow]

22. She is WAY over her head

as an inexperienced judge with little or no familiarity with the subject matter. And then top that off with her probably getting behind-the-scenes advice on how to sabotage the effort.

You have to also keep in mind that although the 11th Circuit isn't as RW-loon as the 5th Circuit, it is still a relatively conservative Circuit (7 (R) appointees and 5 (D) appointees, with the Chief a Poppy Bush appointee).

Smith is just going to have to make sure his ducks are all in a row and just document any obstruction. In the meantime we need to hope that the SCOTUS gives some sort of ruling for the "immunity" thing sooner rather than later, so that case can get moving again (even if it gets limited to a degree), and hope that Fani Willis gets her case back on track.

What IS good though is that SOME criminal case netted indictments AND convictions BEFORE the election!

[bluestarone]

23. Yea, i guess now

The Fani Willis trial looks like a no gofor quite awhile (October hearing)

[BumRushDaShow]

32. Yeah I saw that

although because that is a RICO case, it was expected there would probably be "multiple trials", with smaller, more manageable groups of defendants. So it would have taken some time in any case, to come up with an efficient road map to break up the group, and start each trial process, with the hope more defendants will plead out.

[onenote]

34. He certainly can't go to the appellate court over Cannon's handling of his "gag" order request.

First, it was denied without prejudice because Smith's team clearly failed to comply with the local rules, both procedural and substantive, governing the filing of a motion in the case.

Second, when Smith re-filed, he could have, but chose not to, seek emergency or expedited consideration of the motion. Because he didn't, the local rules specifically provide that the respondent to the motion --- Trump --- gets fourteen days to oppose.

[bluestarone]

35. I guess he is OK with trial after the election?

Hard for me to believe that, but that's the signal he is sending.

[Fiendish Thingy]

24. No, Trump is claiming immunity not the Judge

The judge has paused the trial until SCOTUS resolves the immunity issue.

[bluestarone]

25. I understand that.

The JUDGE is allowing TFG do it. (that's the problem.

[Fiendish Thingy]

27. The judge is using common sense

A defendant has asserted immunity, and appealed to a higher court - it does not make sense for the trial to proceed under those circumstances.

[bluestarone]

28. I've always complained about Cannon. (she just seems to be stalling when ever she gets the opportunity.)

Guess i don't understand how something so simple can be turned into mass confusion. (It's been YEARS, and not even a trial yet) I do TY though. It's really hard for me to NOT blame her. Onenote has tried to get me on track as well. TY to both of you! Maybe some of this confusion IS Smiths fault as well. Just a hard pill for me to swallow, i guess.

[BlueKota]

29. The Judge has no choice in the January 6 case

because six members of the Supreme Court appear intent on protecting Trump.

Most of the former prosecutors I have heard talk on this said there was no need for the SC to review the immunity question at all. They said the DC Appeals ruling was flawless and should have just been upheld and the trials could have gotten underway.
I am not an expert but people like Neal Katyal and Joyce Vance are, and this is what they said.

At the very least they could have expedited the opinion but they choose not too, because in my opinion they want to delay as long as possible to protect their beloved Donny from being tried before the election.

[bluestarone]

30. 100% agree

Votes are the only way to stop him! (I hope. Not really 100% sure about that) I honestly believe something in the RETHUGLICON states will happen, that THIS SC will get involved AGAIN!

[BlueKota]

33. I have the same feeling about the Republicans

inventing a reason to have the SC throw the election to Trump regardless if Biden wins by a landslide. That's why not one of them in the House or Senate will answer the presses questions about excepting the results of the election.

[BeyondGeography]

5. The Supreme Court has iced her

If Chutkan had her druthers that case would be anywhere from teed up and ready to go to wrapped up by now.

[slightlv]

14. I think Chutkin is out of options

until SCOTUS rules on the immunity. At least, Tha is what I remembered from the last article I read. if you have newer info, I'm happily all ears!

[greatauntoftriplets]

31. Bastille Day!

Drumpf probably hates the French, so that's appropriate.

[republianmushroom]

13. Delay, delay and delay some more in action, as shown by the puppet judge.

40 months ans counting (includes foot dragging)

[Vinca]

15. Isn't that special? MAGA's got 11 more days to kill law enforcement for Trump.

[onenote]

20. Why didn't Smith ask for emergency or expedited consideration?

He could have. He didn't.

[onecaliberal]

26. Oh come on, he's just joking.