Judge in Trump classified docs case cancels tentative August 25 hearing, scheduling sealed proceeding for another time
US District Judge Aileen Cannon has canceled tentative plans to hold a hearing on August 25 on a protective order for classified evidence in the Mar-a-Lago documents case against former President Donald Trump.
The Georgia case is actually the weakest one. Some of the charges are technically unconstitutional on their face, and Trump's lawyers can use those to have the indictment thrown out, and if they're mean about it, they can file to have the indictment thrown out the night before the trial.
The DA in that case would then have to refile the indictment without the unconstitutional charges, and if they fail, that's it. They get two tries and then trump gets off.
Also, Georgia RICO law is a mess. That will lead to appeals where Trump might get off.
The final part that makes the Georgia case weak is that Trump can easily get it transferred to federal court, which could add years to the case before it even gets to trial.
No, the strongest case is from DC. Jack Smith did a fine job of threading the needle of not charging Trump for anything he said, just what he actually did. So no first amendment defense.
The top secret document case is also pretty strong, but the judge is blatantly biased. Which is almost impossible to prove through the official process.
The final part that makes the Georgia case weak is that Trump can easily get it transferred to federal court, which could add years to the case before it even gets to trial.
Please explain how being charged with violations of state crimes gives federal jurisdiction.
Not op (nor a lawyer) but as it was explained by an actual lawyer, there’s an argument to be made that since some of the crimes were committed while president he could argue that they were done so as part of his presidential duties. If the judge agrees it could be moved to federal court.
Mark Meadows has already filled a req to remove the case to federal court since he was acting as a federal employee during all the crime-ing.
He can argue anything he wants. Presidential duty doesn’t involve plotting coups against your own country, kind of the opposite really.
And before you start putting stock in Trump allies requesting things, remember the 60+ lawsuits they filed right after the election. They lost every single one, and for good reason.
I was just (somewhat poorly) answering the ‘why is this even an option’ question above, not trying to justify it.
Even if it does work, it changes nothing but the venue. They’re still facing state charges, and it’s still DA Willis and her team bringing them, it’ll just be a federal judge overseeing with a slightly larger jury pool.
My point wasn’t that it’s a way to avoid the charges, however it will work as a delay tactic.
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