More: Contrary to Dear Leader's non-stop, often delusional propaganda, he does not own the government records he illegally shipped to South Florida. In law and fact, his control over "his boxes" ceased when he left the White House in a huff. These records were not personal diaries to which he is vntitled as in the erroneously cited Clinton "Socks" case. Venue is a somewhat flexible concept. Since the crime of unauthorized retention began in DC, Jack Smith could probably have won a venue dispute if he filed UNITED STATES v. TRUMP et al in DC. But he chose the West Palm Beach division of the Southern District in order to advert a prolonged constitutional appeal process all the way to the Supremes. Trump cannot dispute venue when the indictment was filed in his own backyard where the documents were finally recovered. Smith opted for Florida knowing there was the chance that Cannon would be assigned the case.
Now, he is confronted with a inexperienced judge who has exhibited favoritism towards the defendant. Sure, the Eleventh Circuit did not outright call Judge Cannon biased in its overruling decisions, but the panels made it clear she abused her discretion in the defendant's favor. US Person continues to maintain that the legal standard for recusal has been met--her impartiality can be reasonably questioned given her prior blatantly erroneous rulings for the defendant. Regardless of the alleged odds--15 to one, seven to one--in the "random" assignment process, the Southern District chief judge can remove her merely for administrative reasons since she is assigned to a district two hours away from West Palm Beach.
{14.06.23}If the Miami arraignment process is an indication of how tilted our justice system is towards the rich and powerful, then the system is blatantly out of balance. A man who owns his own Boeing 757 jet liner, is charged with multiple felonies in two jurisdictions, and has authoritarian friends around the world was not considered "a flight risk" by the DOJ and was released on his own recognizance? Damn, the guy attempted the first autogolpe in US history using a playbook right out of Mein Kampf! Compare his lenient treatment to that accorded Reality Leigh Winner or Jack Teixeira, the young air national guardsman from Massachusetts. Both were incarcerated immediately after arrest for violating the Espionage Act. In Winner's case, she received a five year sentence for a single violation of the espionage law. The Ochre Menace racked up 37 including obstruction. At least they could have asked him to surrender his passport, which would not prevent him from campaigning for president. He did just that after leaving Miami with a stop in Little Cuba to greet rabid Cuban-American supporters. After all, campaigning is his only defense.
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| credit: Bennett, Chattanooga Free Press |
It appears DOJ is willing to stick with Aileen Cannon as presiding judge for now despite 28 USC Sec. 455. (a federal judge must recuse herself if her impartiality can reasonably be questioned). A magistrate presided over his brief arraignment on Thursday. Perhaps Jack Smith thinks his case is so strong even Judge Cannon cannot mess it up, but she can certainly delay it significantly, as she tried to do with the special master fiasco. The Southern District has a reputation for a prompt docket. Perhaps pressure from her colleagues will prevent any significant slow motion. Public access to the trial via TV would also help insure a fair proceeding. (Richmond Newspapers v. Virginia) Biased or ignorant rulings on motions or evidence can always be appealed to the Eleventh Circuit, but time of the essence. The presidential election in 2024 could moot the entire prosecution. Time will tell. But for a prosecutor very sensitive to optics, having an obviously biased, inexperienced judge preside over a historic trial without objection is not easily justified. And don't try to convince US Person her assignment was random; that canard just makes it look even more crooked. Southern Florida is a hotbed of MAGAists. Any wonder why 'Mericans have lost faith in the justice system? There certainly are two Americas, one for the rich and one for everybody else.
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| credit: M. Luckovich, Atlanta Journal-Constitution BC Idonwanna sez: Or lawyers! |