WASHINGTON (AP) — The federal judge in Florida presiding over the classified documents prosecution of former President Donald Trump has canceled the May 20 trial date, postponing it indefinitely.

  • @[email protected]OP
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    6 months ago

    It must be nice to live in a world where you appoint your own judge. It’s time for Smith to take action. A judge can be removed in “any proceeding in which his impartiality might reasonably be questioned.” This is not impartiality.

    https://casetext.com/statute/united-states-code/title-28-judiciary-and-judicial-procedure/part-i-organization-of-courts/chapter-21-general-provisions-applicable-to-courts-and-judges/section-455-disqualification-of-justice-judge-or-magistrate-judge

    • gregorum
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      666 months ago

      Smith has been working on getting this crazy Judge removed for a while…

      • @[email protected]OP
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        586 months ago

        He hasn’t filed anything yet. She was way off base asking for jury instructions so early. Not to mention the PRA pre-trial defense was struck down without prejudice, meaning the defense may use it in the trial. Removing the trial from the calendar entirely is the icing on the cake.

        • gregorum
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          6 months ago

          He certainly has and has a history of doing so.

          He hates her for all the right reasons, and is doing anything he can to get her removed from the case.

          Edit: tbf, so is she

          • @[email protected]OP
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            6 months ago

            He has absolutely pushed back on her requests and challenged her decisions. He hasn’t done anything to get her removed yet. That would be filing a motion for recusal based on lack of impartiality.

            • @[email protected]
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              296 months ago

              From what I’ve heard he only gets one shot at a motion for recusal, so he’s waiting until there’s no chance the recusal will be denied.

              Or so I hope

            • gregorum
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              6 months ago

              This ruling from her may have been the last straw he was waiting for before he files the motion for her to recuse.

              He gets one shot at this, and he better not miss. That’s why he’s waiting until he has the absolute best chance he can have.

          • Hildegarde
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            66 months ago

            Without prejudice is a legal term.

            If something is denied without prejudice it means it was denied for some sort of procedural reason. As the underlying question of law hasn’t been ruled on, you are free to refile after correcting whatever error got it denied.

            If something is denied with prejudice, it cannot be refiled as the judge made a judgment on the legal claim and denied it on that basis.

    • @[email protected]
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      256 months ago

      The judges impartiality is in question. The judge is demonstrating partiality to one side of the case.

      Impartiality would imply that she’s not partial to one side or the other when she’s clearly favoring the defendant.

    • Bipta
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      316 months ago

      He chose the judge for where he moved to commit the crimes… We shouldn’t expect anything less.

  • @[email protected]
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    1056 months ago

    If she doesn’t get removed, next Republican president will make her a Supreme Court Justice.

    • @obviouspornalt
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      36 months ago

      I think that happens whether she’s removed or not.

    • @[email protected]OP
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      6 months ago

      While that may explain a lack of impartiality, it doesn’t justify it. She’s held to the same standard as any other judge. All the more reason Smith should file a motion for recusal.

      • @[email protected]
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        256 months ago

        Just because something is supposed to happen does not mean that it will. By all rights Trump should have been kicked out of office and be sitting in jail right now but he isnt. Just like Nixon and a whole cadre of others that slithered away without facing any real consequences.

        • @[email protected]
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          46 months ago

          Just because things that should have happened and didn’t, doesn’t mean this time it won’t. This judge may face repercussions. It may not be any that impact the trump case though

          • @[email protected]
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            6 months ago

            Id love to be wrong here but Trump has been impeached twice (which did jack shit because the republicans in the senate would have had to help convict him) and the only real consequences for what hes done were in civil trials and even that was monetary. They didnt even make him pay the bail bond he was initially “required” to pay. He’s been threatened with consequences for contempt of court over a dozen times now.

            Unfortunately the best predictor of the future is the past and the past hasnt laid a hand on him.

            • @[email protected]
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              36 months ago

              Oh sure sure. I’m saying this JUDGE may face repercussions.

              Trump ? Idk I’m hanging on a prayer as the song says.

              • @[email protected]
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                6 months ago

                Has anyone in a position of authority ever faced consequences for this? Because in Cannon’s case, you’d have to prove that she didn’t have a legitimate reason to do what she did and that it rose to the level of an ethics violation deserving of punishment. Which we can infer given the obvious conflict of interest but if that was enough to punish her it would have probably happened by now. And the standard for evidence required to punish a judge like that is reasonably high.

            • Schadrach
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              26 months ago

              the only real consequences for what hes done were in civil trials and even that was monetary.

              Civil trial consequences are always only monetary - you can’t go to prison for a civil case. That’s part of why civil cases get away with having a much lower standard of evidence - essentially the plaintiff wins a civil case if it’s even slightly more likely than not but a prosecutor has to prove guilt beyond a reasonable doubt.

              They didnt even make him pay the bail bond he was initially “required” to pay.

              The purpose of that sort of bond is to prevent you from using funds you should use to pay damages on lawyers to fight the case further, not to prevent you from being able to fight it at all. By the point the bond was reduced the court had their eyes in his accounts and knew exactly what he could afford and could make some rough estimates based on the shakier parts of the assigned damages where damages might end up on appeal (it’s pretty common for damages to be reduced on appeal). I’d be willing to bet that the reduced bond was either close to what Trump could actually get without selling slow-to-liquidate assets (aka real estate) or close to where the court thinks damages might end up. You’ll notice he started hawking Bibles almost immediately afterward, likely because he needs more liquid funding in the short term.

              He’s been threatened with consequences for contempt of court over a dozen times now.

              I believe he’s been fined for it several times now, but the fine is set by law and is an amount that’s a pittance to Trump. Jailing him is an option but complicated since most jails don’t have remotely the capacity or security of a real prison and you’ve still got to figure out how to work his Secret Service detail into the picture. And also the protests from his cult if/when that happens.

              • @[email protected]
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                16 months ago

                Civil trial consequences are always only monetary - you can’t go to prison for a civil case. That’s part of why civil cases get away with having a much lower standard of evidence

                Which is exactly why I mentioned it. He has never faced consequences from criminal charges, only civil court.

                You’ll notice he started hawking Bibles almost immediately afterward, likely because he needs more liquid funding in the short term.

                He would have done that regardless of whether he “needed” funds or not. Like most obscenely rich people, there is no such thing as “enough” wealth.

                I believe he’s been fined for it several times now, but the fine is set by law and is an amount that’s a pittance to Trump.

                Which doesn’t really contradict my point that he effectively hasn’t faced any real consequences.

                you’ve still got to figure out how to work his Secret Service detail into the picture.

                He’s a criminal. He shouldn’t be afforded the same security detail as his predecessors that weren’t. We don’t “have to” do anything. It was just decided as a society that this man, and others like him, should be given privileges that others don’t have.

                And also the protests from his cult if/when that happens.

                This should never ever ever factor into what his punishment is. A functioning society needs a justice system that doesn’t cave to mobs.

                Everything about this is abhorrant.

                • Schadrach
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                  16 months ago

                  Which is exactly why I mentioned it. He has never faced consequences from criminal charges, only civil court.

                  You don’t face consequences from criminal charges until you are convicted, which hasn’t happened yet. Or someone is trying to make an example of you ala Kevin Mitnick.

                  He would have done that regardless of whether he “needed” funds or not. Like most obscenely rich people, there is no such thing as “enough” wealth.

                  I mean yeah, he’s absurdly rich and greedy but I don’t think he would have gone the route of Bible salesman like that if he wasn’t pinched for funds. Or he would have back when he posed for that photo of him holding the Bible upside down. It’s not a coincidence that the Bible sale started less than 48 hours from the bond being reduced.

                  Which doesn’t really contradict my point that he effectively hasn’t faced any real consequences.

                  He hasn’t been convicted of a crime yet. Until he is, he’s not going to prison. That’s pretty fundamental to how the criminal justice system works. He’s got damages levied against him that he’s going to challenge and probably have reduced some (that’s how it often goes), and had to put up $175M as a bond that will immediately go towards said damages after his appeal.

                  He’s a criminal. He shouldn’t be afforded the same security detail as his predecessors that weren’t. We don’t “have to” do anything. It was just decided as a society that this man, and others like him, should be given privileges that others don’t have.

                  You’d have to legally revoke his security detail, and even then you probably don’t want to - as a former President he’s a valuable asset because of what he might know despite his seemingly poor retention. As well as the sway he has over his cult. You ideally want to imprison him separate from all other prisoners with his security detail living on site if possible. I’ve said before the easiest way to make that happen is to convert the SHU at a medium-large prison into a sort of “Presidential suite” to house Trump and his security detail. No one else enters or leaves the unit, anything going in or out goes through both prison security and SS security.

                  It’s a side bonus that it prevents inmates from being thrown in solitary at the same time. And a proper prison is easier to defend from “protesters” than most jails are, and which prison he is sent to should take the possibility of an attack by right wing nutters into consideration.

                  This should never ever ever factor into what his punishment is. A functioning society needs a justice system that doesn’t cave to mobs.

                  It does, but only because you have to plan around it happening. Most jails aren’t really set up to deal with that sort of thing, and contempt sends you to jail, not prison. So you have to figure out how to do that without causing a bunch of innocent people to be injured or killed as a consequence. Ideally before you put him in the jail. And where to send the people you’d normally jail there, because he’s going to take up excessive space for the same security-related reasons he will in prison.

              • @[email protected]
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                16 months ago

                but complicated since most jails don’t have remotely the capacity or security of a real prison and you’ve still got to figure out how to work his Secret Service detail into the picture. And also the protests from his cult if/when that happens.

                Which are all things the judge acknowledged in his statement ashen he handed down the most recent contempt ruling.

                Like it or not, there’s a lot more considerations to this than simply “lock him up”.

        • Schadrach
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          36 months ago

          By all rights Trump should have been kicked out of office and be sitting in jail right now but he isnt.

          Blame the Senate, kicking him out of office was literally their job.

      • @[email protected]
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        56 months ago

        She’s held to the same standard as any other judge.

        which seems to be no standard at all…

        All the more reason Smith should file a motion for recusal.

        yet he inexplicably does not… hmm I wonder

        • @[email protected]OP
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          46 months ago

          He has not, but while her actions have been unconventional, she’s toed the line a bit when challenged. I’m hoping that removing the case from the calendar entirely is what pushes Smith to act.

          • @[email protected]
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            26 months ago

            I can bet you one million internet points he will not move against her.

            Believe me, I will be very happy to lose this bet to you… but I have been burnt too many times to believe that will happen

        • @[email protected]
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          26 months ago

          We should have been rioting a long time ago. All the “it takes time for airtight case” and “ you only get one shot at the king” boiling frogs

      • @[email protected]
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        36 months ago

        She is tought to be held at same standard but unfortunately there seems to be no institutional mechanism that reviews her performance and decisions…

      • @[email protected]B
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        36 months ago

        That standard, on a normal day, is “Hey Judge? Do whatever the fuck you want long as it’s legal.” on a bad day that legality isn’t even a question.

        One of the bad things about the US is how you can get a 5 year sentence from Judge A and a court order to do community service from Judge B, both trying you for the same thing.

    • Schadrach
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      26 months ago

      I don’t think anyone was surprised that this was coming, more or less regardless of which judge it was. The original court date was a week and three business days from now, it’s entirely possible Trump will literally still be on trial for the hush money case when the trial date for the documents case was set.

      I’ll be more upset if a hearing to set a new date for the documents trial isn’t scheduled shortly after the hush money trial concludes.

  • @[email protected]
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    6 months ago

    This is evidence # 37586682 that all MAGA folks are Russian assets, doing their job to destroy the US from within. Because its textbook ruling as in Russia.

    Forget about the hush money, this was far more a priority as it is related to national security. Now the thugs of this world know they have carte blanche with trump. This treasonous PoS should rot in a cell for this.

    • @[email protected]OP
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      296 months ago

      I totally agree with the importance of this case. It’s the most concerning in my opinion. There is testimony that Trump divulged classified information to Russian intelligence, as well as having sold classified submarine schematics. This case needs to be heard prior to the election, as it’s directly relevant to charging him with access to this information for a second term.

  • @[email protected]
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    436 months ago

    So Americans… at what point do you finally realize you have a two tier legal system and actually act on it?

    • @[email protected]
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      166 months ago

      Our legal system has 4 tiers of justice. If you are poor, a person of color or of another lowly respected group, you are too many times presumed guilty.

      If you are working class to middle class, and can afford a decent lawyer, you get a middling level of justice. The better that you are able to differentiate yourself from the poor, and appear to look innocent, the better your outcome.

      When you enter actual wealth, you can afford to put off trials, get counsel that can enact intensive clogging of the justice system. Prosecutors will be using inordinate resources to try a case and will plea bargain to ridiculous levels to be able to function for the rest of their duties. There is some justice in that what is spent on lawyers will meet or exceed the fines that they may have received otherwise.

      The highest tier can always take their money elsewhere. They can purchase citizenship to other countries, including those without extradition, and are nations to themselves. The last two levels are either somewhat above the law, or completely exempt from the rule of law.

      What is new is that members of a political party are seen as exempt from law, and that a ruler is exempt from law for life.

    • @[email protected]OP
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      156 months ago

      It’s by the design of capitalism. If you have more money, you can afford better attorneys and appeals. Trump is bringing the invisible third-tier to light with this case, having appointed the judge in 2020 that’s now presiding over his case.

  • @[email protected]
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    386 months ago

    “Judge appointed by Trump cancels trial date for Trump’s classified documents case”.

    AP news needs to start fucking calling it how it really is.

  • @[email protected]
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    156 months ago

    For those who are interested:

    The judge’s reasoning here is that she has a large, backlogged docket of pre trial motions to clear relating to handling evidence that is itself classified at trial.

    And she can’t really estimate how long it’s going to take to resolve all those issues.

    • 4grams
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      536 months ago

      Funny how there’s always a valid reason and it just so happens to always favor the orange turnip.

      • @[email protected]
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        266 months ago

        If you make the rules complicated enough, you can always find a way to justify anything. This is the cornerstone of the modern legal system.

    • @[email protected]
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      276 months ago

      Pretrial motions that she is responsible for adjudicating. She even told trump’s lawyers to take a slower approach on the motions, telling them to file them one by one instead of all at once. Source

    • @[email protected]
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      216 months ago

      Sure is a fucking shame all those judge positions were held unfilled so there is such a backlog.

      I wonder who did that and why.

    • @[email protected]
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      196 months ago

      If the judge can’t keep her calendar under control she’s incompetent and shouldn’t be on the bench. If she’s not even willing to extract time estimates from counsel then she’s abdicating and should be removed from office.

    • @[email protected]
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      36 months ago

      I mean, in all fairness if you want this case to be treated as all others this sort of stuff is to be expected.

      Saying that, this one is kinda important