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.

  • disguy_ovahea@lemmy.worldOP
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    10 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@lemm.ee
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      10 months ago

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

      • disguy_ovahea@lemmy.worldOP
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        10 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.

          • disguy_ovahea@lemmy.worldOP
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            10 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.

            • gregorum@lemm.ee
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              10 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@lemmy.world
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            10 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.

    • ghostdoggtv@lemmy.world
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      10 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.

    • disguy_ovahea@lemmy.worldOP
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      10 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.

      • xkforce@lemmy.world
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        10 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.

        • asteriskeverything@lemmy.world
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          10 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

          • xkforce@lemmy.world
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            10 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.

              • xkforce@lemmy.world
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                10 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.

      • exanime@lemmy.world
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        10 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

        • disguy_ovahea@lemmy.worldOP
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          10 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.

          • exanime@lemmy.world
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            10 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

      • LeadersAtWork@lemmy.world
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        10 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.

      • clutchtwopointzero@lemmy.world
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        10 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…

  • resetbypeer@lemmy.world
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    10 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.

    • disguy_ovahea@lemmy.worldOP
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      10 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.

  • exanime@lemmy.world
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    10 months ago

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

    • n0m4n@lemmy.world
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      10 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.

    • disguy_ovahea@lemmy.worldOP
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      10 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.

  • 3volver@lemmy.world
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    10 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.

  • mkwt@lemmy.world
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    10 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.

    • ghostdoggtv@lemmy.world
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      10 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.

    • prettybunnys@sh.itjust.works
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      10 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.

    • HappycamperNZ@lemmy.world
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      10 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

  • jordanlund@lemmy.world
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    10 months ago

    It does kind of make sense since the same lawyers and the same defendant are stuck in a criminal trial in New York until June.

    It’s not like they can apparate between New York and Florida.

    • BigMacHole@lemm.ee
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      10 months ago

      EXACTLY! And I’m SURE if a Poor Criminal did so many Crimes they were needed in multiple court rooms at the same time the courts would do the EXACT SAME THING!

    • stoly@lemmy.world
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      10 months ago

      lol people who aren’t Trump have this happen but you wouldn’t care about that

      • jordanlund@lemmy.world
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        10 months ago

        People who aren’t Trump don’t have to appear in two courtrooms at the same time either because it’s not physically possible.

        Say you have a doctors appointment at 8 AM on a Thursday and a 2nd doctor also wants you at the same day and time. One of them HAS to re-schedule.

        Except in this case, blowing off one of the two appointments would carry a criminal penalty.

        • stoly@lemmy.world
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          10 months ago

          You’re wrong. You could be forced to appear in two. Stop trying to make him a victim.

          • jordanlund@lemmy.world
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            10 months ago

            You can be forced to be in two courts BUT NOT AT THE EXACT SAME TIME.

            You can’t simultaneously appear before judges in both New York and Florida. Time/Space does not work that way.

            • baru@lemmy.world
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              10 months ago

              Again, the judge purposely made it that the cases would overlap. This could’ve been done with already. Initially there wasn’t any overlap. If you check the actions by this judge it’s pretty easy to see that she is delaying plus trying to make it difficult for his other cases to be scheduled.