Post-match: The Post Presidency :: Trump Faces The Music Thread

That isn't even the best part. That's in the next post in that thread:

Applying its "usual test" for exercises of equitable jurisdiction, which are supposed to be rare, panel rules Judge Cannon never had jurisdiction to entertain Trump's civil suit and that it won't "carve out an unprecedented exception in our law for former presidents." Ouch. 4/

— Lisa Rubin (@lawofruby) December 1, 2022

Basically that's the Circuit panel dunking on Cannon and saying her ruling was bad and that she should have dismissed the case due to lack of jurisdiction.

Related, since it is painfully obvious that Cannon is willing to do whatever Trump asks without regard to legal precedent, what are the options for removing her from the bench? There is, obviously, impeachment and removal by Congress, but given how that is not going to happen, is there anything else that can be done to remove her?

 

Marcy Wheeler has an analysis of the ruling up on her site:

https://www.emptywheel.net/2022/12/01/11th-circuit-to-trump-youre-not-special/

Let's just say, the entire opinion is dunking on Cannon.

 

I couldn’t get past the first post without blowing my…..without getting so exited I stopped reading.

impeachment….or….I don’t believe anyone ever answered my question about circuit judges sending district judges back for remedial lawyering classes. By the sounds of this ruling….if that’s possible….this is the last step before that happens.

 

Normally Dyan is the only Cannon witnessing dunks

 

The tune is becoming clearer:

Real news! Fake business records!

Here's the full story, brought to you by @thedailybeast:

Manhattan jury finds the Trump Corp & Trump Payroll Corp guilty of tax fraud and related charges on all counts.https://t.co/pMViVJt23y

— Jose Pagliery (@Jose_Pagliery) December 6, 2022

 

Just seen this on the telly. That’s got to chill his grits.

 

LIB'RUL JURY!

 

Now, we will finally see all the Trumpists seeing the light...

 

I am prepared to be extremely underwhelmed at the penalty phase of this civil trial.


I am also mentally prepared for the fact that none of the evidence presented at this trial will result in a NY state criminal indictment or trial of trump.

 

And just in case everyone has forgotten

Alvin Bragg let Weisselberg plea out. He was looking at 20 plus years. Instead he got 5 months and 5 years probation…with no requirement to testify on a trump criminal trial.

 

Okay.. How does this impact Trump, tho? The Trump Organization has already lost its NY business license. Is Trump and Junior going to get jail time? This type of "conviction" often ends a financial punishment against the company rather than actual jail time for the corporate executives.

 

Civil trial, so no jail time.

 

Are you sure? Why would there be a guilty charge for a civil trial? Corporate law is so confusing.

 

Dang it, NYT says max $1.5m fine for the violations.

https://www.nytimes.com/live/2022/1...l-verdict?name=styln-trump-organization-trial

Slap on the wrist.

 

At some point I’m going to have to try to understand what has recently changed in that the DOJ is just now getting to subpoenas for two year old communications. I mean….Garland did actually do something in the last three years didn’t he?
What is also interesting is how quickly this news came out. I was told, repeatedly by legal Twitter, that the DOJ would operate in silence and we’d only know about all the shit they’ve done when the indictments start rolling.

I’m beginning to suspect that Garland may just have been the cowardly coward I suspected him to always suspected him to be.

Special Counsel Smith zeroing in.

Subpoenas' explicit reference to communications with Donald Trump.

From WaPo: "Justice Dept. subpoenas Ariz, Mich, Wis officials for Trump communications"https://t.co/ZAWfVZaIxL

via @AmyEGardner @isaacstanbecker @yvonnewingett @patrickdmarle pic.twitter.com/ytNTk2oTJA

— Ryan Goodman (@rgoodlaw) December 6, 2022

I suspect what has changed is trump has so publicly committed felonies in the document case that he has given Garland no choice but to actually indict him on those….and he recognizes that it will only get harder for him to say nothing to see here on the rest of trumps crimes.

 

To be fair…this was never the big one for trump org. That is the state of NY vs trump org….which could permanently put him out of business. Would have been nice to have weisselbergs testimony in that one run by the NYAG James….

 

As has been explained to you in the past, it isn't that Garland is cowardly, or covering for Trump, or whatever other conspiracy theory you want to come up with. The DoJ's resources have been tied up investigating, arresting, and convicting the people that actually invaded the Capital Building. It is the largest investigation in DoJ history and there's only so many resources the DoJ can use on one event without neglecting other criming going on in the country. The fact that the House committee was focusing on the "white collar" portion of Jan 6 meant that the DoJ could focus on the "blue collar" portion of the criming, then could piggyback off the House committee's investigation for the Trump portion of the criminal investigation.

 

Let’s see

it took Jack Smith two weeks….including thanksgiving…to issue subpoenas for this. Yet the DOJ has been far too busy in the last two years to issue those same subpoenas? That preserve evidence? Sorry…that just doesn’t add up.

The DOJ prosecutes 60-70 thousand cases a year. The DOJ has 100k attorneys. Plus they oversee the FBI (35,000 agents). But yeah…not enough resources to issue a subpoena for communications made about a crime committed in plain sight . Totally makes sense.

 

Some (many) comms are end to end encrypted so you actually need the phone.