Excellent summary. I have seen a lot of talk about the fact that Cannon is slow-playing this to delay the trial past Election Day. But little commentary about why, and precisely what effect such delay will have, besides the obvious that it will help Trump in the election to not be running as a convicted felon. But it’s much worse and more nefarious than that. If Trump wins, he will order the DOJ to drop the case (and succeed). If he loses, Cannon will let the prosecution put on its case, but then enter a Judgment of Acquittal under Federal Rule of Criminal Procedure 29. All she need do is declare that there is insufficient evidence that Trump is guilty (doesn’t matter that there is actually an Everest-size mountain of evidence). It is my understanding that such a judge-entered acquittal is not reviewable or appealable (I would love to be proven wrong about that). And jeopardy attaches, so Trump cannot be retried on these charges. Trump may end up getting convicted in one of the other cases, but there really appears to be no realistic way to prevent Cannon from perverting the course of justice in this case, as she seems zealously committed to doing just that.
While I agree that LooseCannon is purposefully slow-walking the trial of this case to benefit TFG, I think your concerns about a directed verdict/judgement of acquittal are misplaced.
First, LooseCannon would have to put the reasons for granting the DV (after the prosecution rests) or acquittal (after the full trial/before or after the case goes to a jury) on the record. That is, she must make specific findings that there is no evidence to support 1 or more elements of each of the 40 charges against TFG in order to justify her decision. That would be quite the feat.
For example, in SC John Durham’s prosecution of Igor Danchenko on 5 counts of making false statements to the FBI, the federal judge entered a judgment of acquittal on the 5th count, which alleged Danchenko had denied having a telephone call with a specific person. The prosecution only introduced evidence that Danchenko had email communications with that person, so they didn’t prove the specific charge alleged in the indictment (of a phone call). Danchenko was acquitted by a jury on the remaining 4 counts.
Second - and more importantly - it does appear that a judgment of acquittal can be appealed by the prosecution. See Fed. R. Crim. P 29(d) (noting that “[i]f the appellate court later reverses the judgment of acquittal….”). There would be no need for such language if the prosecution cannot appeal a court’s judgment of acquittal. I believe the standard of review in such a case would be for “clear error.”
Most federal judges will let the case go to the jury, absent a clear lack of evidence of 1 or more elements of the charged crimes, because a jury verdict of acquittal is generally the end of the matter and not appealable by the prosecution. However, the prosecution CAN appeal in certain situations, even after a jury verdict of acquittal; for example, evidence that one or more jurors were bribed by the defendant, in which case the proper remedy would be granting a motion for a new trial.
Tl;dr: I wouldn’t worry too much about LooseCannon ignoring a “mountain of evidence” to enter a judgment of acquittal. She’ll do some damage, of course, but in much less conspicuous ways.
But for the actions of LooseCannon, I believe the FL documents case is the strongest against TFG. The evidence so far indicates there is no question that TFG intended to retain classified documents - including National Defense Information - following his election loss, and that he obstructed and conspired to obstruct the return of this information to the federal government.
My concern is not that LooseCannon intends to move the trial date until after the 2024 election - she definitely will. My bigger concern is that by not moving the trial date now, she’s boxing out potential trial dates for TFG’s other indictments, specifically the GA RICO trial. And there is a solid chance that - although Judge Chutkan seems determined to stick to her 3/4 trial date in the DC election interference case - her ultimate decision on TFG’s claim of “Presidential Immunity” will be subject to an interlocutory appeal and stay of the underlying proceedings.
All of which could mean that TFG doesn’t go to trial on ANY of his 4 criminal indictments before the 2024 election. Ugh.
She is an awful person, and a miserable excuse for a judge. I am beaming a powerful, spite-based IBS beam from my head at her as strenuously as I know how. It’s the least I can do.
This was exactly the sort of thing I expected Loose Cannon to do, as soon as it became known that she was assigned this case. No wonder everyone thinks he's going to get away with this. And I wonder why Merrick Garland waited until Trump announced before appointing Jack Smith. Could Smith have been appointed sooner, and if so, why wasn't he? The MSM insists that Trump has an excellent chance of winning again in 2024, and while that fear mongering helps them to make $, are they also correct? What will this mean for our federal judiciary going forward? Thanks Ms. Dye, as always, for speaking your (legal) mind.
Cannon is like a girl you went to school with. She's the Nellie Olson from "Little House on the Prairie." IN this whole epic saga called This Is Your Life, Donald not being able to deal with the reality that you've gone "Meta" and taken the American People hostage.
Cannon is one of those girls,you went eo school with was, a little to smart for her own good, and a special kind of glee n out screwing things up,Kinda like Nellie Olson from "Little House on the Prarie"!!!😁🤣
Vapors!!! A government flunkie connected to an election-year prosecution of a presidential candidate makes decisions based on extraneous political considerations. Whodathunkit?
I think you're overlooking the fact that Trump claims these documents were declassified. The contents of the documents are very relevant to whether they were declassified or not.
Excellent summary. I have seen a lot of talk about the fact that Cannon is slow-playing this to delay the trial past Election Day. But little commentary about why, and precisely what effect such delay will have, besides the obvious that it will help Trump in the election to not be running as a convicted felon. But it’s much worse and more nefarious than that. If Trump wins, he will order the DOJ to drop the case (and succeed). If he loses, Cannon will let the prosecution put on its case, but then enter a Judgment of Acquittal under Federal Rule of Criminal Procedure 29. All she need do is declare that there is insufficient evidence that Trump is guilty (doesn’t matter that there is actually an Everest-size mountain of evidence). It is my understanding that such a judge-entered acquittal is not reviewable or appealable (I would love to be proven wrong about that). And jeopardy attaches, so Trump cannot be retried on these charges. Trump may end up getting convicted in one of the other cases, but there really appears to be no realistic way to prevent Cannon from perverting the course of justice in this case, as she seems zealously committed to doing just that.
While I agree that LooseCannon is purposefully slow-walking the trial of this case to benefit TFG, I think your concerns about a directed verdict/judgement of acquittal are misplaced.
First, LooseCannon would have to put the reasons for granting the DV (after the prosecution rests) or acquittal (after the full trial/before or after the case goes to a jury) on the record. That is, she must make specific findings that there is no evidence to support 1 or more elements of each of the 40 charges against TFG in order to justify her decision. That would be quite the feat.
For example, in SC John Durham’s prosecution of Igor Danchenko on 5 counts of making false statements to the FBI, the federal judge entered a judgment of acquittal on the 5th count, which alleged Danchenko had denied having a telephone call with a specific person. The prosecution only introduced evidence that Danchenko had email communications with that person, so they didn’t prove the specific charge alleged in the indictment (of a phone call). Danchenko was acquitted by a jury on the remaining 4 counts.
Second - and more importantly - it does appear that a judgment of acquittal can be appealed by the prosecution. See Fed. R. Crim. P 29(d) (noting that “[i]f the appellate court later reverses the judgment of acquittal….”). There would be no need for such language if the prosecution cannot appeal a court’s judgment of acquittal. I believe the standard of review in such a case would be for “clear error.”
https://www.federalrulesofcriminalprocedure.org/title-vi-trial/rule-29-motion-for-a-judgment-of-acquittal/
Most federal judges will let the case go to the jury, absent a clear lack of evidence of 1 or more elements of the charged crimes, because a jury verdict of acquittal is generally the end of the matter and not appealable by the prosecution. However, the prosecution CAN appeal in certain situations, even after a jury verdict of acquittal; for example, evidence that one or more jurors were bribed by the defendant, in which case the proper remedy would be granting a motion for a new trial.
Tl;dr: I wouldn’t worry too much about LooseCannon ignoring a “mountain of evidence” to enter a judgment of acquittal. She’ll do some damage, of course, but in much less conspicuous ways.
Cannon won't do that. She will just make the case last until the 2028 election, which Trump will also contest if he loses next year.
Thanks for the explainer. Two comments:
1. Aileen Cannon is a disgrace.
2. I'm very thankful we have several other trials to hold Trump accountable.
Ta, Liz.
But for the actions of LooseCannon, I believe the FL documents case is the strongest against TFG. The evidence so far indicates there is no question that TFG intended to retain classified documents - including National Defense Information - following his election loss, and that he obstructed and conspired to obstruct the return of this information to the federal government.
My concern is not that LooseCannon intends to move the trial date until after the 2024 election - she definitely will. My bigger concern is that by not moving the trial date now, she’s boxing out potential trial dates for TFG’s other indictments, specifically the GA RICO trial. And there is a solid chance that - although Judge Chutkan seems determined to stick to her 3/4 trial date in the DC election interference case - her ultimate decision on TFG’s claim of “Presidential Immunity” will be subject to an interlocutory appeal and stay of the underlying proceedings.
All of which could mean that TFG doesn’t go to trial on ANY of his 4 criminal indictments before the 2024 election. Ugh.
Well, that’s both depressing and infuriating.
She is an awful person, and a miserable excuse for a judge. I am beaming a powerful, spite-based IBS beam from my head at her as strenuously as I know how. It’s the least I can do.
Welp, so much for Aileen Cannon being an incompetent ignoramus as a judge. She's at least "just enough" smart and competent. Grrr.
Thanks for the always-excellent explainer, Liz.
This was exactly the sort of thing I expected Loose Cannon to do, as soon as it became known that she was assigned this case. No wonder everyone thinks he's going to get away with this. And I wonder why Merrick Garland waited until Trump announced before appointing Jack Smith. Could Smith have been appointed sooner, and if so, why wasn't he? The MSM insists that Trump has an excellent chance of winning again in 2024, and while that fear mongering helps them to make $, are they also correct? What will this mean for our federal judiciary going forward? Thanks Ms. Dye, as always, for speaking your (legal) mind.
I'm concerned about the conclusion that her maintaining the March court date will delay some (or all?) Of his other trials. Mad!
"Kinda like she planned this all along, huh?"
Wouldn't surprise me. I'm more convinced now than ever that she's gunning for the next vacant seat on the SCOTUS.
As above, so below.
Cannon is like a girl you went to school with. She's the Nellie Olson from "Little House on the Prairie." IN this whole epic saga called This Is Your Life, Donald not being able to deal with the reality that you've gone "Meta" and taken the American People hostage.
C
Cannon is one of those girls,you went eo school with was, a little to smart for her own good, and a special kind of glee n out screwing things up,Kinda like Nellie Olson from "Little House on the Prarie"!!!😁🤣
Vapors!!! A government flunkie connected to an election-year prosecution of a presidential candidate makes decisions based on extraneous political considerations. Whodathunkit?
You are a great writer - I do not see any books by you? Are there any?
I think you're overlooking the fact that Trump claims these documents were declassified. The contents of the documents are very relevant to whether they were declassified or not.
Nice one