Judge Aileen Cannon indicates that she may dismiss the classified documents case

Cannon knows her reputation as a fair judge is dead. She has been helping Trump every step of the way. Will she finish the job she started and cut Trump free from his horrible crime? Who knows, but it is likely.
 
LurchAddams said:
A jury will be empaneled, and the case will proceed.
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Agree. Which is why she delayed her ruling. Once a jury is seated, she is free to let trump off.
She denied trump's request for dismissal based on the 'unconstitutionally vague' espionage act that trump is being charged under in the stolen documents case. She said that she might rule later when a jury is empaneled.

Once that happens, and she denies that there is basis to charge under the espionage act, it cannot be appealed. Charges will be dismissed and double jeopardy applies.
 
Nordberg said:
Cannon knows her reputation as a fair judge is dead. She has been helping Trump every step of the way. Will she finish the job she started and cut Trump free from his horrible crime? Who knows, but it is likely.
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She's going to try her best. Her best case scenario is that her stalling tactics will push the trials until after trump (hopefully, in her mind) wins the election. Her gross incompetence will be out of the spotlight.
 
martin said:
It would be graphic judicial misconduct on top of two prejudicial reversals in a case she is able to sit on because the accused put her there. It would be risking her judgeship if she hasn't risked it already.
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Do you think Congress would impeach her? That’s the only only way to get rid of a federal judge.
 
Jarod said:
Do you think Congress would impeach her? That’s the only only way to get rid of a federal judge.
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The MAGAt party has taken over the Republican Party and there are far too many MAGAts in Congress to impeach a judge they are secretly rooting for.
 
Althea said:
Agree. Which is why she delayed her ruling. Once a jury is seated, she is free to let trump off.
She denied trump's request for dismissal based on the 'unconstitutionally vague' espionage act that trump is being charged under in the stolen documents case. She said that she might rule later when a jury is empaneled.

Once that happens, and she denies that there is basis to charge under the espionage act, it cannot be appealed. Charges will be dismissed and double jeopardy applies.
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WHAT DOES “DISMISSED WITH PREJUDICE” MEAN IN A CRIMINAL CASE

Dismissal of a criminal case may occur before, during, or after trial. It may be the result of a motion to dismiss by the prosecutor or by the defendant, or due to a determination made by the court without a motion from either party.

DISMISSED WITH PREJUDICE
In the dismissal context, the term prejudice refers to whether the court has made a final determination on the case. The prejudice relates to the prosecutor’s ability to pursue the charges in another subsequent proceeding.

A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.

A dismissal with prejudice is much more desirable for the defendant than dismissal without prejudice. When a criminal case is dismissed with prejudice, the prosecutor cannot file new charges or reopen the case. The dismissal permanently ends the case in the defendant’s favor. The prosecutor’s only option for continuing the case is to appeal the dismissal ruling to a higher court, which may happen if the prosecutor disagrees with the judge’s decision...
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QP! said:
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If the case it brought on grounds that are found to not apply, Cannon will dismiss.

I would imagine that there are other grounds to charge trump other then the espionage act.

If there is an appeal, are they appealing Cannon's finding the E. Act doesn't apply here?
 
Althea said:
If the case it brought on grounds that are found to not apply, Cannon will dismiss.

I would imagine that there are other grounds to charge trump other then the espionage act.

If there is an appeal, are they appealing Cannon's finding the E. Act doesn't apply here?
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I am confused by your questions.

What i posted is from an Law firm with big Appellate Practice and they clearly lay out that ANY and ALL 'Dismissals with Prejudice" are appealable.

The reason they are scary to the prosecutor is that is their only chance to save the case, because if the Appellate court upholds the dismissal then they are done as Jeopardy did attach, and without the reversal of the ruling, they can never refile it.

But no single Judge can just throw out a case and be beyond Appellate and SC review. It would create a massive vulnerability in the courts giving one person alone (the Trial judge) the ability to accept a bribe or be threatened and make a ruling that would then be beyond review and set the accused free even if the Judge violated the law to do so. The check and balance to that is that Appeals are always allowed.
 
QP! said:
I am confused by your questions.

.
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If as your link states there can be an appeal of a case that was dismissed once a jury is seated, then I'm assuming they need grounds for an appeal?

If Cannon dismisses because she finds that the Espionage Act simply does not apply here, is that what would be appealed?
 
Althea said:
If as your link states there can be an appeal of a case that was dismissed once a jury is seated, then I'm assuming they need grounds for an appeal?

If Cannon dismisses because she finds that the Espionage Act simply does not apply here, is that what would be appealed?
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Yes.

A Judge would be using her judgement to apply the law. Judges are human and can be wrong, thus why appeals exist as no guilty or innocent person should benefit or suffer due to clear judge error, because a'a judge is infallible and cannot be second guessed by anyone'.

So if a judge having cognitive issues dismisses a case saying 'murder is not a crime so i am dismissing with prejudice' it is NOT 'sucks for your prosecutors and victims... there is no appeal'. That just is NOT a thing. Of course they can appeal.

But still a dismissal with prejudice is ALWAYS the best outcome (short of a not guilty verdict) as it puts the prosecution under the gun. 'Win the Appeal or the case is dead forever and can never be refiled'.

In this case, there would be zero doubt the Prosecution would win, even with the extreme Conservative 11th Circuit Appellate court that would be hearing it. They have already taken Aileen Cannon to task twice in very unusual and humiliating fashion, when Jack Smith has appealed her prior rulings and you could read a level of annoyance in their rulings that a Judge (Cannon) was so off base on the law.
 
Althea said:
But she hasn't ruled on immunity yet. For just that reason
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If the judge rules for immunity, then prejudice will, by definition, not be attached(there was no jeopardy). The decision can be appealed, and the trial can move ahead, if the decision is overruled. Even if the Supreme Court agrees with trump's claim of lifetime immunity(both before and after being president), a future Supreme Court could rule differently, and the trial could start over.

What trump needs to get double jeopardy protection is to either have a not guilty verdict, or a impaneled jury trial dismissed because of prosecutorial error. There basically needs to be a jury. He needs the trial to go ahead.
 
Walt said:
If the judge rules for immunity, then prejudice will, by definition, not be attached(there was no jeopardy). The decision can be appealed, and the trial can move ahead, if the decision is overruled. Even if the Supreme Court agrees with trump's claim of lifetime immunity(both before and after being president), a future Supreme Court could rule differently, and the trial could start over.

What trump needs to get double jeopardy protection is to either have a not guilty verdict, or a impaneled jury trial dismissed because of prosecutorial error. There basically needs to be a jury. He needs the trial to go ahead.
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If SCOTUS gives immunity, then can't Biden order SEAL Team Six to take out Trump and his entire staff with immunity? Drop a MOAB on Mar-a-Lago when Trump is having a family dinner with a bunch of Third World dictators?
 
Walt said:
Don't forget trump claims his presidential immunity goes back before he was president.
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Trump says a lot of stupid shit. What amazes me is how many MAGAts on JPP either believe everything he says or gives him a pass on it.
 
Doc Dutch said:
If SCOTUS gives immunity, then can't Biden order SEAL Team Six to take out Trump and his entire staff with immunity? Drop a MOAB on Mar-a-Lago when Trump is having a family dinner with a bunch of Third World dictators?
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Yes. He can. And he will get away with it unless he is impeached/convicted.

According to trump's defense team logic.
 
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