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| credit: Darkow, Missouri Columbian |
Latest: While Jack Smith scored one for the rule of law by indicting Trumpillini, his action was somewhat diminished by the assignment of Aileen Cannon as the initial judge for the case. Cannon was harshly rebuffed by the Eleventh Circuit Court of Appeals twice for her unduly favorable rulings for the former guy; she was appointed to the federal bench by Trump. However, her assignment may be an artifact of clerical processing that will not last beyond the arraignment on Tuesday.
The true bill was handed down by a grand jury sitting in Miami, so the clerk of the Miami Division of the Southern District docketed it. Since Cannon had prior involvement in the case, the clerk may have checked the assignment box for Judge Cannon. However, Cannon's bench is in the Fort Pierce Division, three hours away. There are fifteen federal judges some in senior status in the Miami Division, several with more experience that Cannon. Random? US Person thinks not so much! (6.7% chance) knowledgable court observers in Miami say that because of her prior exhibited bias ("former president entitled to deference under the law"!) if not her distance from the trial venue, she will recuse herself without a motion being made by DOJ to do so. But MAGA supporters have no shame! If her self-recusal is not forthcoming pursuant to binding 11th Circuit precedent, the government should move recusal with an immediate appeal to the Eleventh Circuit in Atlanta. Chief Judge Pryor was on the appeals panel that overruled Cannon's appointment of a special (delay) master. The appearance of impropriety in this case is too obvious to ignore even for Floridians.
More: The DOJ has unsealed the indictment against Defendant Trump. It reveals that Waltine Nauta, a valet at Mar-a-Lago who moved boxes of documents at Trump' direction, participated in the conspiracy to obstruct justice. It alleges that Trump suggested his attorney Evan Corcoran hide or destroy documents subpoenaed by the government. He also is alleged to have shown a classified map to a representative of his political super-PAC, an unauthorized person. Taylor Budowich, former communications director, and now a PAC official testified before the Florida grand jury. If proven this dissemination of classified material is a serious breach of national security. The forty-nine page indictment alleges 31 counts of willful retention of national defense documents. National defense documents wrongfully retained by him included details of the defense and weapons capabilities of US and foreign governments, US nuclear programs, potential vulnerabilities to military attack for the US and its allies, and plans for possible retaliation. Trump stored boxes containing classified documents in a ballroom, a bathroom and shower, an office space, a desk drawer, his bedroom, and a storage room. The ballroom alone played host to 50 public events.
Breaking: Donald J. Trump, former US President, has been indicted on seven charges including willfully retaining national defense records, making false statements to US officials, and conspiracy to obstruct justice. A federal grand jury sitting in Miami handed down the unprecedented true bill. He is scheduled to surrender in federal district court in Miami on Tuesday. In twist of irony the MAGA judge who was admonished by the Eleventh Circuit for allowing Trump too much leniency, Aileen Cannon, will preside over his arraignment. Historia scriptum est.
Trumpilini has been informed by prosecutors that he is a target of their Washington, DC grand jury investigation. Grand jurors may vote today on an indictment, but their vote could be delayed by the collection of more evidence in the case. A separate grand jury in Miami, Florida is also hearing evidence, possibly on grounds that venue for the obstruction offense relates to a certification transmitted to government officials at Mar-a-Lago. The certification stated that no more classified records were in Trump's possession at the resort. Subsequently, 103 classified records were found pursuant to a search warrant executed by the FBI on August 8th of last year. The National Archives first requested Trump return government records in May 2021.
*Subsection (f) states: Whoever, being entrusted with or having lawful possession or control of any document, ....(1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—Shall be fined under this title or imprisoned not more than ten years, or both.
Subsection (e) states: Whoever, having unauthorized possession of [national defense information] willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it--Shall be fined under this title or imprisoned not more than ten years or both.
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| When reality strikes..... |