credit: J. Heller, Duluth News Tribune |
In the Mar-a-Lago espionage case, Aileen. Cannon, handmaiden to the demigogue, took an entire day of hearing to decide what should have been done in a written order without a hearing. She decided, for now, that the Espionage Act is not too vague to support a constitutional prosecution. She dismissed the motion without prejudice, indicating that the defense can bring it up at a later date. perhaps at jury selection. Since 1917 thousands of prosecutions have occurred and been upheld on appeal for violation of the Act. Other than dismissing the motion, everything she did was favorable to the defense. More pending motions remain undecided by her. To top it off, Don Legit was at the hearing to remind everyone that her judicial future hangs on how she handles this case. So far she is leaning over backwards for Trump without giving the prosecution grounds for an immediate appeal to the Eleventh Circuit. This case is another example of politics outweighing due process of law.
DA Alan Bragg has asked for a one month delay to allow examination of new evidence obtained from the Department of Justice. His case is currently the only one scheduled for trial beginning this month. Most of the 31,000 documents are irrelevant, but some of the witness statements may be relevant. Left unexplained is why the Justice Department took so long to turn over the information requested by the Manhattan DA a year ago. The defense waited until January to subpoena the information. Is this an another turf war?
{11/04/24}Perhaps the most popular since Jesse James rode the Missouri borders. The MAGA Supremes has cut Don 'Legit' enough legal slack to tie up his criminal prosecutions. Predictably, he raised his bogus absolute immunity argument in the NY criminal fraud case to ask for a delay going to trial until the Supreme Court rules on his absolute immunity claim. Two problems with this argument: one, the NY criminal indictment's gravamen is his conduct before he became the forty-fifth President; and two, he waived the immunity argument in a previous appeal in the same case. Federal judge Hellerstein of the Southern District of New York found in response to Trump's federal removal petition that immunity does not apply because he expressly waived his theory of absolute presidential immunity and that his criminal acts are not "official business" [see below]. Trump later withdrew his appeal of Hellerstein's decision. Thus, the principle of collateral estoppel applies.
Trump also raised evidentiary complaints related to "official acts". Like any evidentiary objection these can be ruled on by the trial judge before the trial is scheduled to begin on March 24th. Trump's specious circus show must be ended now for the sake of democracy and the rule of law. But since he has a reliable five vote majority on the Supreme Court in his pocket, he may seek an emergency stay if a ruling goes against him.