476 Comments

The BLUF on this is that the court isn't going to save us before the election, but Smith has taken proper and deliberate action to be ready after the election. It is up to us, as voters, to ensure that he is allowed to proceed.

And thanks, as ever, Ms. Vance, for your clear, level-headed exposition of complex legal issues.

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Tempus fugit. Register more Democrats. Make a blue tsunami.

https://www.fieldteam6.org/

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The very idea that a convicted felon and adjudicated rapist needs to ‘be beaten at the ballot box’ is utterly mind blowing.

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Further evidence that Our Constitution is Outdated and in Dire Need of Ammending!

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Agreed! We the People need to help Smith advance this case and see Trump face the consequences of his criminal career.

Vote Blue up and down the ballot, end MAGA, restore the GOP to its formerly irritating and wrong headed ideological past, when saner heads prevailed.

Oh, and buy The Heritage Foundation and Freedom Caucus members one way steerage passage to Hungary.

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How about one way steerage passage halfway?

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More legal ecstasy, at 4:31 PM this afternoon, Jack Smith filed a Superseding Indictment in USA vs DJT. Clear of the icebergs full speed ahead.

The new indictment is available as a Link in an article by Josh Gerstein & Kyle Cheney just posted on Politico under the title: "Trump indicted again election subversion case brought by Jack Smith".

Good reading!

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"The court isn't going to save us" means what?

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See Jack's new superseding indictment just filed this afternoon in Judge Chutkan's case.

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Why are the gloves still on? Is that a politic move? It’s straining every last piece of patience I have. He stole OUR docs and compromised OUR security.

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In this brief Smith elegantly demonstrates the faith he has in the 11th circuit while screaming Judge Cannon’s ineptitude with over-the-top factual evidence. I love it and can’t wait to have the circuit publicly slap her around AGAIN!!! Thanks Joyce….

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Yes, however, they are simply not slapping hard enough.

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Not YET!!!

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Can't trust most of the members of the court.

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Nor, does it seem, soon enough. If TFG wins the election, he will make this case all go away.

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Aileen Cannon doesn't mind being slapped around, she can take that, her real role, the one that endears her to Trump and his following is as his protector. The 11th Circuit will not remove her from presiding over the case.

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Cannon isn't remotely qualified to sit on any bench, including a park bench. We need a different set of rules for appointing judges within our court system. We have a lot of unqualified justices on powerful courts that shouldn't be there. It's infuriating. I'm the granddaughter of a lifelong public servant who started out as an assistant DA, moved on to sit on the bench of the Washington State Court of Appeals, Division 2 out of Tacoma Washington and ended up on the Washington State Supreme Court for 20+ years, 4 years as Chief Justice. President Harry Truman asked my grandfather to serve on the Supreme Court of the United States, meeting with him twice to try and convince him. My grandfather refused the offer because his wife was ill with leukemia and he was needed at home. He'd be absolutely appalled at what has happened to our justice system.

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The one quibble I'll give you: Cannon MAY sit on a park bench but only if the neighborhood pigeons have been properly "briefed" on their resultant target!

Kudos on being related to a distinguished jurist, too!

My own hopes are pinned on the local, lifelong public servant and former assistant DA who is now running to joyously (with a former public school teacher) retake America. My wife, our orange (!) kitten, and I drove across town 21 years ago to attend the opening campaign event of Kamala Harris in her run for San Francisco DA.

Kamala was great then and learned a few things along the way. Except perhaps for serving Big Macs way way back, she and Tim Walz have been careerists in public service while they lead the drive to prevent the nation's plunderer-in-chief from resuming the pillage.

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You are correct Megan Aileen isn't qualified, yet there she sits with the fate of the Republic in her hand,

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And this is why, Megan, we need to purge today's Republicans from our governments, federal AND state. Once we've accomplished that task, we can move on to the more serious job of removing the trump-lickers from any and all positions of 'authority'. We need to focus on the courts, top down, and then turn our attention to our election system. We have a lot of work ahead of us.

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Megan, how infuriating for you to watch the once was trustworthy justice system (mostly, I need to say at least for people w white skin), become poisoned by shrunken prejudiced small minded money hungry weak maggots. Your grandfather is the kind of great man that makes this country what it has been, a great democracy; hopefully with the work of people like you, Joyce and others here the blue wave of joy will overcome the backward suck of little t’s undertow.

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BULLFEATHERS

The Honorable Judge Aileen Cannon ruling is on solid grounds

Jack Smith's appointment was unconstitutional.

He has no more authority than Taylor Swift.

https://www.supremecourt.gov/DocketPDF/23/23-624/293864/20231220140217967_US%20v.%20Trump%20amicus%20final.pdf

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What a cute MAGA, nice try, but NO.

Can you explain special counsel's Robert Hurd and Kenneth Starr?

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Yo Dingle Berry

Kenneth Starr ADMITS that the Law is UNCONSTITUTIONAL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

"Independent counsel Kenneth W. Starr opposes renewing the law that gave him the authority to investigate President Clinton and plans to tell a congressional committee today that *********the independent counsel process is "constitutionally dubious" *********and leads to overly politicized inquiries, according to an advance copy of his testimony."

https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr041499.htm

Contumacious is NEVER wrong

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Wrong. An appeal by Hunter Biden's attorneys regarding the exact same thing (that appointing a special counsel was not legal) was struck down by the courts. Find a reputable news source. I suggest Democracy Docket, written by attorneys, not by random guys, blathering nonsense, like you on Substack.

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HUH? WTF?

Did you by any chance notice that the Amicus Curiae brief was written by a former AG?

You have failed or refused to address the issues that were raised therein?

That a former Special Counsel questioned the Constitutionality of the law under whuch he was appointed !!!!!!!!!!!!!!!

.

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Yeah, no. Your opinion doesn't make your comment true. TRumpies are so annoying...

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Wait until your street the drugs wear off and re-read it.

The Honorable Judge Aileen Cannon ruling is on solid grounds

Jack Smith's appointment was unconstitutional.

He has no more authority than Taylor Swift.

https://www.supremecourt.gov/DocketPDF/23/23-624/293864/20231220140217967_US%20v.%20Trump%20amicus%20final.pdf

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She can take it now but when her dear benefactor loses and she finds herself and her heroic missteps sunk in merde let’s see how much she doesn’t mind being slapped around….

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Speaking of Merde,

Former Special Counsel Kenneth Starr ADMITS that the Law is UNCONSTITUTIONAL , I believe in Paris the say "pure merde" !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

"Independent counsel Kenneth W. Starr opposes renewing the law that gave him the authority to investigate President Clinton and plans to tell a congressional committee today that *********the independent counsel process is "constitutionally dubious" *********and leads to overly politicized inquiries, according to an advance copy of his testimony."

https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr041499.htm

.

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Again, every thing hinges on hope. Hope, hope, hope.

Prediction, Trump will get away with everything, he will never see the inside of a jail, he will never pay a fine, or a judgement, or the E.J. Carroll $83.3 million judgement, he or rather a supporter posted a $91 million dollar bond, but a bond is not a payment, and can be overruled on appeal and it is being appealed.

Trump is hanging on to his assets in NY for now after posting a $175 million bond in the civil fraud case, and he is appealing that on grounds of immunity.

Which I predict he will win.

Here are the legal cases against Trump, and as of now, NADA if he were an"ordinary" billionaire, he would be broke, in jail or have paid the judgements and fine.

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I truly believe the tide is turning all the way around. trump will lose and the 11th circuit will dismiss cannon from the case and a nice fair capable judge will take over. It’s called positive thinking….

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The "tide is turning"?

You remind me of the Aerosmith song "Dream ON" - I wonder why.

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You mean you hope Sophia.

So do I.

But belief is not in my DNA and I don't believe anything. I either know or I accept.

Acceptance is tentative.

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I am saddened by your "throw in the towel" attitude. The wheels of justice turn slowly (as they must to be fair to all) but they bend towards justice in the end. Good things come to those who wait patiently. Trump will get his and in many ways already has started. Truth prevails.

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Dirk , there we concur.

President Trump will be our 47 - we will demand that he crush the Communist Demon Rats like the fucking cockroaches they are .

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I really hope you are wrong, given that this would be the third time they struck down her rulings.

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Since when has a court acted on it's own volition. Courts respond to filings.

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Have you looked at what SCOTUS has done lately?

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Yes, but they are making decisions based on cases brought forward, not reaching out and rendering judgement as they wish. They also deny certiori or send the case back with comments that basically tell them how to refile, so they can render the judgement the plaintiff is seeking.

There is a technical difference between what SCOTUS is doing, and what so many expect or want the 11th court to do.

I have had it, I've sat here since the Mueller Investigation, watching liberals engage in hopeful wishing thinking, only to wind up eating sand.. We honestly think that the wheels of justice and fate are going to turn in favor of justice, only to wind up eating crow, having our morale dashed, then making excuses as to why the Justice department, the judges let Trump off the hook, again and again and again.

How many times does it take before people realize that the system is rigged in favor of fascism.

As regards Jack Smith, most of us have our hopes pinned on him, but to date he has produced nothing but filings, filings which Cannon have thrown out. Smith could have and should have appealed to main Justice too have her thrown off the case, with the first judgement she made, and he didn't, now he had the chance to file with the 11th District Appeals court, to remove her from the case and he hasn't.

So when are people going to get a clue, that something is rotten in Denmark.

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From what I understand, Joyce Vance has explained this quite differently from your POV.

“The issue that is more likely to find its way into the appeal is whether Judge Cannon should remain on the case if the indictment is reinstated. If they win this appeal, the government could ask the court to reassign the case to a new judge. They could also stay silent on that issue and leave it up to the court, hoping the three-judge panel will act on its own. That has happened in other cases in the Circuit, where a trial judge’s decisions resulted in multiple reversals on appeals involving related issues.

Jack Smith never asked Judge Cannon to recuse herself. If he had, she would have been required to explain the basis for her decision in a written order if she declined to recuse. That would have given the government (and the court) a record to work with. Absent that, the government could argue that her decision to dismiss, on top of Judge Cannon’s earlier errors, means it would be better to send the case back to a new district judge, who could give the case a fresh look.

In U.S. v. Martin, the 11th Circuit case we’ve discussed previously, a district judge repeatedly issued shockingly low sentences in a substantial white-collar fraud case. The Eleventh Circuit ruled, “In light of the two reversals in this case and three other appeals in which we have reversed the same judge for extraordinary downward departures that were without a valid basis in the record, we find it likely that ‘the original judge would have difficulty putting his previous views and findings aside.’” Given Judge Cannon’s early decisions in a related matter, where she tried to prevent the government from even using evidence obtained during the search of Mar-a-Lago, and continuing through to dismissing the case outright, it would be appropriate for either the government or the court to suggest that the interests of justice would be best served by reassigning the matter.” (From her 8/25 post)

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I get Joyce Vance's daily news letter. especially the one that you have quoted from, .

Joyce has a professional reputation to uphold, so she can't come out and state the obvious. One must read discerningly, between the lines.

Joyce said it here: "Jack Smith never asked Judge Cannon to recuse herself. If he had, she would have been required to explain the basis for her decision in a written order if she declined to recuse. That would have given the government (and the court) a record to work with."

What it appears that people are relying on is the hope and mistaken belief, that the 11th District Court of Appeals will,on it's own volition, remove Judge cannon. They can't do that.

All they can do is reverse her decision to throw out the case on the premise that he (Smith)was not legally appointed Special Counsel. They can and probably will do that, but Cannon will still have the case as it moves forward and we know how that will go.

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I came across this quote attributed to Plato:

The price of Apathy is to be ruled by greedy men.

We must remain ever vigilant.

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Ode to the sun god: Amen (Amun/Amon),always vigilant, take no excuses,no apologia,no guff.

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And I hope they slap her good and hard! This case is the most important of them all as it has put our national security at great risk.

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I would like to take this opportunity to salute the Honorable Aileen Mercedes Cannon and hope someday very very soon she will be another wonderful Supreme Court Justice .

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Also, following all the rules gives the Supreme Court less room to overturn it. Based on what. His having 1/2 a paragraph too long summary? I doubt that will fly. If so, they will have to set precedent of doing that. Might not be wise. Let us hope this time next year we are looking at a different set of circumstances, where Trump is so out of favor that the court does not see any advantage in saving his butt. Viva la Kamala!

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Let’s hope she gets those slaps and the case moves forward. Let’s also hope we voters get out the vote bigly and she does get rewarded by a felon with an appointment to a higher level.

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How many times must she be Chastised before she is removed from the Federal Bench?

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BULLFEATHERS

Jack Smith's appointment was unconstitutional.

He has no more authority than Taylor Swift.

https://www.supremecourt.gov/DocketPDF/23/23-624/293864/20231220140217967_US%20v.%20Trump%20amicus%20final.pdf

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A cute MAGA parrot.

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Andy, provide more clarity. The way you leave this it seems to this reader to imply (certainly wrongly) that Taylor Swift is a MAGA parrot. Not so.

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Nancy, I agree with you. I lost patience with the entire justice system ever since "those innocent tourists" didn't want to wait in line like regular people --- like us --- do, so they took matters in a deadly way.

Judge Cannon is just as bad as Trump, which makes him very happy. They have their hands in the other's pocket, which makes me sick to visualize.

The cynic in me still insists that poor Trump is still making money from those classified documents that remain missing, which have been hiding not just in the casket with one of his wives (I lost count) in New Jersey, but literally around the world. As long as there's no actual inventory available to know for sure, he will ALWAYS be a threat to our security. I also wouldn't put it past him to have made Xerox copies of the documents so when he has meetings with all of our adversarial leaders, the others can "follow along" as he explains what they're reading.

Speaking of our security, the thought of him having the nuclear codes, and everything else that only POTUSes are supposed to, scares the hell out of me!

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founding

Dianne - Federal cases against tRump all go away if he is somehow POTUS again in January and Cannon could well end up on SCROTUS.

The following rhetorical questions are food for thought:

Which cases would DOJ NOT have proceeded with without the JAN 6 Committee's excellent work?

Does Jack Smith's decision to NOT follow the JAN 6 Committee's INSURRECTION charge recommendation need to be viewed in hindsight as a huge mistake? https://www.semafor.com/article/08/02/2023/donald-trump-indictment-jack-smith-insurrection-charge

Would CO have prevailed in keeping the Insurrectionist in Chief off their ballot if he had already been convicted of insurrection?

If charges had been timely filed in 2021 in ALL these cases INCLUDING against all the other co-conspiring insurrectionists would the trials have proceeded way more expeditiously? How many co-conspirators would have flipped and/or pleaded guilty as some have in GA and AZ? How many would not be seated in the House, Senate and state offices ready to be co-conspiring insurrectionists at the end of this year?

I am grateful for NY State: AG Tish James, DA Alvin Bragg, Judge Juan Merchan, E Jean Carroll and all who have brought Don the Con to justice BEFORE the election. Looking back, we may well conclude that THEY made the difference.

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Jason, those are some seriously interesting questions. We're adults here, and I think that given the crap we've had to ensure over the past 8 years --- seems more like 8 decades, but I digress --- we deserve to get some honest-to-goodness truthful answers. We can handle it. There's a big difference between a little white lie and a huge, uncalled-for, disgusting, insulting, outright lie!!!

Before I log off tonight, I'm going to check out that link. Thank you for sharing that with us.

I'm also glad to see you mention those who still believe in "truth, justice and the American Way." (Yes, I grew up thinking that Superman was a real person.) I agree with your choices. I'm disappointed in those who did not deserve to be added to your list. Makes me wonder how they sleep at night. What do you think?

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Faster than a speeding bullet. Whose side would George Reeves be on?

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I think he'd be a very devoted Democrat. He literally went out of his way to help people, countries, the world, and beyond. The biggest thing he feared was kryptonite.

I can't imagine any Republican with the capacity to care about anyone except themselves. Their biggest fear is doing the right thing.

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and Trump fears kamalite!

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founding

Diane & Ruth – I’m going to post this in multiple places because the two of you have engaged in awesome exchanges up and down this thread. Superman! Daddy Dearest! Empty classified folders! Keystone Cops! Trump IS a thug!

I fear that while Joe Biden has been an excellent POTUS, his background of years of bipartisan cooperation prevented him from being outstanding. Bottom line: Joe is too nice. Joe would NEVER do what Moscow Mitch did to steal SCOTUS seats. Wasn't one of Mitch's answers to why he did it, "Elections have consequences!"? It appears that Nancy Pelosi and others had this figured out and helped convince Joe to step aside and give democracy and freedom a chance. President Biden became OUTSTANDING when he stepped aside.

This niceness permeates people with principles. For example, I kept hearing that Robert Mueller is a Boy Scout. I took this to mean that he was meticulously following DOJ rules without regard to what that meant to the USA. Sounds like Rachel Maddow’s “From Russia with Lev” is going to tell the rest of the story that Mueller FAILED to uncover or report. I hope people like Mueller and Kelly have deep regrets for not doing everything in their power to stop Don the Con and I hope they step forward and support Harris/Walz!

The question becomes, what will a President Harris do? Will she immediately replace MAGA sympathizers and Christofascists? Hopefully she has the House and Senate. If she does it is time to do away with the filibuster and pass laws to outlaw gerrymandering, protect voting rights, establish women’s rights to privacy and control over their bodies, end SCROTUS by expanding the number of justices to match the circuits while keeping an odd number, reinforce the Constitution’s separation of church and state, pass a law that reverses the insane SCROTUS immunity ruling, etc., etc., etc.!

She needs an Attorney General and an FBI director who will pursue ALL insurrectionists and bring forth the truth of what Leonard Leo, Ginny Thomas, et al, have been doing in their quest to turn the USA into Gilead.

And when the Christofascists scream her response should be, “Elections have consequences!!”

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In bullies’ minds, “nice” means “pussy!” In psychopaths’ minds, “conscience” means “weakness!” They’re wrong. Let’s show them.

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Jason, and again I ask, how can we find out what Trump has on people that he gets away with serious crimes that no one else would get away with? So much for equal justice under the law!

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Ruth, and Jason, I've often wondered about that, too. Like Daddy Dearest, he's always associated with rather unsavory individuals, some of them in high places.

The scariest part of all of this is his obvious association with VERY unsavory individuals who run other nations.

Even if a miracle happened and he was locked up today for a lifetime sentence, it wouldn't matter. His tentacles (MAGAs) extend everywhere.

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Dianne, that is truly a scary thought. However, we know from the not-too-distant past what authoritarians will do to get and keep power and it ain't pretty. The problem is those guys always have friends in various parts of the government who will give them a pass and make up some kind of reason for it. This whole thing with Judge Cannon is ridiculous, an embarrassment! How she was even in the pool of people who could be on the case is crazy. No judge should have a connection with the defendant, ever, yet so little has been done to get her off the case since she does not have the integrity to recuse herself, the right thing to do, but as was said, Republicans can't seem to do the right thing, except in rare situations, then they get all kinds of praise for it, and there is no guarantee they would do it again. Consider Gov. Kemp of Georgia.

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founding

Diane & Ruth – I’m going to post this in multiple places because the two of you have engaged in awesome exchanges up and down this thread. Superman! Daddy Dearest! Empty classified folders! Keystone Cops! Trump IS a thug!

I fear that while Joe Biden has been an excellent POTUS, his background of years of bipartisan cooperation prevented him from being outstanding. Bottom line: Joe is too nice. Joe would NEVER do what Moscow Mitch did to steal SCOTUS seats. Wasn't one of Mitch's answers to why he did it, "Elections have consequences!"? It appears that Nancy Pelosi and others had this figured out and helped convince Joe to step aside and give democracy and freedom a chance. President Biden became OUTSTANDING when he stepped aside.

This niceness permeates people with principles. For example, I kept hearing that Robert Mueller is a Boy Scout. I took this to mean that he was meticulously following DOJ rules without regard to what that meant to the USA. Sounds like Rachel Maddow’s “From Russia with Lev” is going to tell the rest of the story that Mueller FAILED to uncover or report. I hope people like Mueller and Kelly have deep regrets for not doing everything in their power to stop Don the Con and I hope they step forward and support Harris/Walz!

The question becomes, what will a President Harris do? Will she immediately replace MAGA sympathizers and Christofascists? Hopefully she has the House and Senate. If she does it is time to do away with the filibuster and pass laws to outlaw gerrymandering, protect voting rights, establish women’s rights to privacy and control over their bodies, end SCROTUS by expanding the number of justices to match the circuits while keeping an odd number, reinforce the Constitution’s separation of church and state, pass a law that reverses the insane SCROTUS immunity ruling, etc., etc., etc.!

She needs an Attorney General and an FBI director who will pursue ALL insurrectionists and bring forth the truth of what Leonard Leo, Ginny Thomas, et al, have been doing in their quest to turn the USA into Gilead.

And when the Christofascists scream her response should be, “Elections have consequences!!”

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In so many ways, I agree with you, Diane. You can see in Trump the same corruption we see in Putin’s Russia and Netanyahu’s Israeli government. Moreover, I conjecture that Trump, Steve Bannon, and Roger Stone have organized the violence of the Proud Boys, Oath Keepers, and others to do their threatening dirty work.

We have to vote him out bigly in 2024. After that our Prosecutor President and lots of Attorney Generals, Congress and State legislators will spend the rest of their years on the planet cleaning up.

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Well said, John! The operative word we need to emphasize between now and November is "bigly." Webster could use the following to show an example in using it in a sentence: "Americans have to vote Blue "bigly" because our country and lives depend on it!"

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BULLFEATHERS

Jack Smith's appointment was unconstitutional.

He has no more authority than Taylor Swift.

https://www.supremecourt.gov/DocketPDF/23/23-624/293864/20231220140217967_US%20v.%20Trump%20amicus%20final.pdf

.

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Keep trying MAGA.

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🚨🚨 🧌🧌 maga troll alert 🚨

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Have I touched a nerve?

Come on man, try to refute the opposing briefs.

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Dianne, that's the problem in my view. Anyone else who had stolen documents would have been in jail, arrested immediately. Instead, the FBI waited over a year before even considering what to do, then told Trump what they were going to do, giving him all kinds of time to hide, sell, and do whatever else he could think of to maintain the documents, then didn't even search his entire estate in FL. There has been no explanation of the empty folders and what happened to the contents. It is clear Trump is not reading them and comprehending them on his own, so I want to know who is helping him and why that person is not in jail. The people being held in prison for having a document or two need to be released because a fellow American has stolen hundreds and he is running for president even though an insurrectionist is never supposed to be able to hold public office again. What does Trump have over people that he gets away with so much in his life? It is truly insane!

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Ruth Sheets- thank you for laying out my desperate questions.

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founding

Diane & Ruth – I’m going to post this in multiple places because the two of you have engaged in awesome exchanges up and down this thread. Superman! Daddy Dearest! Empty classified folders! Keystone Cops! Trump IS a thug!

I fear that while Joe Biden has been an excellent POTUS, his background of years of bipartisan cooperation prevented him from being outstanding. Bottom line: Joe is too nice. Joe would NEVER do what Moscow Mitch did to steal SCOTUS seats. Wasn't one of Mitch's answers to why he did it, "Elections have consequences!"? It appears that Nancy Pelosi and others had this figured out and helped convince Joe to step aside and give democracy and freedom a chance. President Biden became OUTSTANDING when he stepped aside.

This niceness permeates people with principles. For example, I kept hearing that Robert Mueller is a Boy Scout. I took this to mean that he was meticulously following DOJ rules without regard to what that meant to the USA. Sounds like Rachel Maddow’s “From Russia with Lev” is going to tell the rest of the story that Mueller FAILED to uncover or report. I hope people like Mueller and Kelly have deep regrets for not doing everything in their power to stop Don the Con and I hope they step forward and support Harris/Walz!

The question becomes, what will a President Harris do? Will she immediately replace MAGA sympathizers and Christofascists? Hopefully she has the House and Senate. If she does it is time to do away with the filibuster and pass laws to outlaw gerrymandering, protect voting rights, establish women’s rights to privacy and control over their bodies, end SCROTUS by expanding the number of justices to match the circuits while keeping an odd number, reinforce the Constitution’s separation of church and state, pass a law that reverses the insane SCROTUS immunity ruling, etc., etc., etc.!

She needs an Attorney General and an FBI director who will pursue ALL insurrectionists and bring forth the truth of what Leonard Leo, Ginny Thomas, et al, have been doing in their quest to turn the USA into Gilead.

And when the Christofascists scream her response should be, “Elections have consequences!!”

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founding

Ruth, well said.

We the People deserve to know how Trump was able to accomplish this destruction to the rule of law of our country.

We the People need to know how we can prevent another such incursion.

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Dianne, did I tell you that

Former special counsel Kenneth Starr ADMITTED that the Law is UNCONSTITUTIONAL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

"Independent counsel Kenneth W. Starr opposes renewing the law that gave him the authority to investigate President Clinton and plans to tell a congressional committee today that *********the independent counsel process is "constitutionally dubious" *********and leads to overly politicized inquiries, according to an advance copy of his testimony."

https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr041499.htm

.

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The rule of law is a slow, deliberate, polite process. If you want quick results, you do something that looks like Jan 6.

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The other option for quick results happens on November 5, but that’s up to us, not the courts.

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Many point out that even this Nov 5 is not going to be quick unless we win with a big majority. Otherwise, Trump’s legal folks are reportedly preparing to challenge voters like crazy. The good news is that many others are prepared to push back. See Democracy Docket group. Support them if you can.

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Every 4 years can be an eternity for those suffering because of the bully being given way, way too much power by a bunch of egomaniacal bturds.

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I can appreciate the sentiment, but I would argue that this jurist has been anything but polite and deliberate. Slow yes. Obfuscation and bias are not polite.

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I was describing the process not a specific person involved.

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Sadly I’ve been on the power end of a federal judge in a matter involving riparian rights which she railroaded down our throats as no one would fight her for us. I’m a little jaded. Sadly. Because I do believe in the rule of law. And politeness and deliberation.

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You lacked a vital component of the rule of law which is competent representation. This is definitely the weakest link in the chain of justice in the United States. However, with Jack Smith there is no weak link, just all of the delay involved in the process.

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We ended up with good representation. If went to the state Supreme Court. Where two out of the three judges despite our deeded rights, didn’t want to oppose her.

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right there with ya...I'm trying to trust the process but it is HARD!

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I agree it's really hard ... and one of the very best reasons why I love this forum from Joyce - she provides the legal arguments on why it is the way it is, and makes it much more understandable and (gulp!) acceptable that Jack Smith et al conduct themselves the way they do.

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I don’t trust the process one little bit. Keystone Cops could have nailed Trump over those documents by now.

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You're not alone in trusting the so-called justice system.

Those Keystone Cops would have had Dump behind bars, joining his new friend Bubba, in no time at all. If they couldn't do it, Andy Taylor and Barney Fife would have taken care of him.

Meanwhile, Teflon Don #2 continues and continues to get away with every crime he can. He told the whole world that he could kill someone and get away with it. We HAVE to believe these are his threats, not promises. Now that SCOTUS has made it official that it's okay for a president to rob a bank, kill people, kidnap kids, blow up a building, sic the Armed Forces on normal, everyday people "just because," or do anything that would ordinarily be considered unlawful, the possibilities are endless. And very frightening.

To make matters worse, if the president is too lazy to commit what we'd call a crime on a certain day, he can always appoint someone to take care of that little matter on his behalf. And the next day, he can turn around and give that person a great big PARDON.

I would say that this process is unbelievable, but ever since the vile would-be king rode down his 40-carat gold escalator, nothing surprises me anymore.

This is exactly why Democrats have to win every election, from top to bottom. Losing is not an option. Meanwhile, TRUMP MUST GO!!!

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Dianne, that was an amazing recap of just what we are up against. Trump is a thug, but so are his enablers, the guys who really know what they are doing and are pulling the levers behind the scenes. We see Trump out in the public sphere, but those others are even more scary because we don't know the names of all of them and even if we did, who is going to bring charges. Steve Bannon is one of the ring-leaders and what did he get for refusing a subpoena, 4 months in country club prison while he is still able to do everything he did outside except go outside. That is insane when just to make phone calls to family, it costs hundreds of dollars for criminals who have not been involved in so many actions that have hurt so many people. We really do need a judicial make-over and a reinvestment in time and effort to make long-needed improvements. A better vetting process for judges, justices, and law clerks for the courts, term limits and a better system for removing corrupt judges from the bench, even if it is just shuffling them off to a quiet corner of a courthouse with no actual powers until they resign or retire since Republicans can't remove anyone who might be useful to their schemes for power and money through impeachment trial votes. That would be a start. Dems need to step up in a huge way this November so we and all people who care about our nation can get the judicial reform process going and actually hold the criminals accountable!

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🎯🎯🎯🎯. I had no idea justice, a fair trial & following legal rules could be so unbelievably sabotaged in so many ways. Especially with top secret documents & a Jan 6 insurection. It's freaking disheartening and depressing as hell that our judicial system is so slow and CORRUPT.

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Teri, it truly is disheartening, but it could be made better with the right people in office who have a sense of what is right for all people, not just the rich white ones who will give tax breaks to the other rich white guys who need nothing and have more than they could ever possibly need in 10 lifetimes, yet share none of it or such a small bit it is hardly noticed and they get reimbursed through the taxes they pay and the taxes they don't pay.

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Somebody was telling me the other day that AI might stir things up quite a bit. That's way above my comprehension, but the thought of that happening really does scare me a bit. It would not surprise me, though.

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I agree with you 100%. I keep trying to wrap my head around this and keep coming up with the same conclusion: There's NO EXCUSE for treating Americans this way! We don't deserve this! As taxpayers, whether local, state or federal, it's not asking too much for these corrupt individuals (and the list gets longer each day) to do what they're supposed to do, and not to betray those who pay their salaries.

I had no intention of addressing The Document Issue or The Insurrection, but then as I was trying to explain why, I accidentally typed "9/11" rather than "1/6." As I corrected the error, I started freaking out at the thought of how things might have played out not just for OUR country, but more than likely a heck of a lot more, had Trump been POTUS at the time.

Bush kept his cool and had a calming demeanor. Even 23 years later, I can still see the horror in his eyes when he learned about the planes going down, while continuing to sit with the school children as if nothing was wrong, so the teachers could be available to comfort them when they got the news.

I cringe just thinking about Trump would have handled things. Instead of showing concern about friends and families of those killed, seriously injured, or missing, he would have been holding an around-the-clock marathon of ranting, lying, name-calling, threats, and blowing a gasket ad nauseum.

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Ruth, once again, I really appreciate your making sense of all of this. We just have to make sure that Democrats DO step up in a huge way, because we're not going to have "a snowball's chance in hell" if we don't!

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founding

Diane & Ruth – I’m going to post this in multiple places because the two of you have engaged in awesome exchanges up and down this thread. Superman! Daddy Dearest! Empty classified folders! Keystone Cops! Trump IS a thug!

I fear that while Joe Biden has been an excellent POTUS, his background of years of bipartisan cooperation prevented him from being outstanding. Bottom line: Joe is too nice. Joe would NEVER do what Moscow Mitch did to steal SCOTUS seats. Wasn't one of Mitch's answers to why he did it, "Elections have consequences!"? It appears that Nancy Pelosi and others had this figured out and helped convince Joe to step aside and give democracy and freedom a chance. President Biden became OUTSTANDING when he stepped aside.

This niceness permeates people with principles. For example, I kept hearing that Robert Mueller is a Boy Scout. I took this to mean that he was meticulously following DOJ rules without regard to what that meant to the USA. Sounds like Rachel Maddow’s “From Russia with Lev” is going to tell the rest of the story that Mueller FAILED to uncover or report. I hope people like Mueller and Kelly have deep regrets for not doing everything in their power to stop Don the Con and I hope they step forward and support Harris/Walz!

The question becomes, what will a President Harris do? Will she immediately replace MAGA sympathizers and Christofascists? Hopefully she has the House and Senate. If she does it is time to do away with the filibuster and pass laws to outlaw gerrymandering, protect voting rights, establish women’s rights to privacy and control over their bodies, end SCROTUS by expanding the number of justices to match the circuits while keeping an odd number, reinforce the Constitution’s separation of church and state, pass a law that reverses the insane SCROTUS immunity ruling, etc., etc., etc.!

She needs an Attorney General and an FBI director who will pursue ALL insurrectionists and bring forth the truth of what Leonard Leo, Ginny Thomas, et al, have been doing in their quest to turn the USA into Gilead.

And when the Christofascists scream her response should be, “Elections have consequences!!”

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Former special counsel Kenneth Starr ADMITTED that the Law is UNCONSTITUTIONAL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

"Independent counsel Kenneth W. Starr opposes renewing the law that gave him the authority to investigate President Clinton and plans to tell a congressional committee today that *********the independent counsel process is "constitutionally dubious" *********and leads to overly politicized inquiries, according to an advance copy of his testimony."

https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr041499.htm

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Yes ... the old hippie / commie part of me agrees fully, but you have four issues it seems to me: (1) America elects a king / emperor and they are given huge deference while in office and after, (2) Archives and Intelligence failed totally to control all those classified documents, (3) Biden and Garland should have begun multiple investigations on 22 January 2021, and (4) no president has ever been as corrupt and crooked as Trump, and inside the beltway there was simply no precedent for nailing an ex-president of this appalling quality to the wall.

I think that remains the case. Georgia is the only place that has tried, and even that isn't going that well.

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Great job summarizing this, Dianne. YES… TRUMP MUST GO…🇺🇸

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I keep thinking about the 20 yr old National Guard Airman who stole Classified docs & shared with his pals in an internet group. He's doing 16 yrs in prison! But, then I remember something Charles Barkley, former pro basketball player once said, "If you have money, you'll never do time." Please tell me that won't be the outcome here. There has to be accountability to keep mostly Republicans honest and a scant few Democrats, too.

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Jack Smith is cagey no excuse that either side was rushed to trial. Counting on procedural norms. We need to back him up big time and elect Kamala and Tim . Then its bye bye tRump.

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I'm not sure what you mean by "the gloves [are] sill on." What do you think Jack Smith should do differently? He's an exceptionally smart and experienced lawyer (he convicts war criminals!), and he isn't going to do anything rash -- anything that could jeopardize this case. He's following the rules to the comma.

Everyone is the US is entitled to challenge the charges against them, which is almost always a good thing (obv. djt is exploiting this). And, the court system moves slowly, which again is a good thing (you don't want someone rushing when your fate is in their hands). Finally, this case is enormous beyond enormous bc it involves a former US prez; everyone wants to get it right (with the exception of the partisan hack a. cannon).

To be clear, I'm as frustrated as you are. I'm sick almost to death of djt's continuing to elude justice, sick of his being in the news every day, sick of his voice, his petulant expression, the nonsense he spouts, his intense destructiveness. . But I think that he won't elude justice indefinitely.

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From your fingers to The Universe's ears. 🇺🇸

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Profoundly disappointed Smith didn't ask for a different judge. I knew Garland was weak, but Smith isn't much better. Cannon is corrupt.

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Smith, by letting the 11th Circuit make that call, removes any political motive from the 11th’s decision to remove Cannon or not, prior to the election. If the 11th removes her MAGA cannot claim that the Adminstration put their thumbs on the corrupt CNnon scale. They can’t campaign on “Save the Trump, vote Red”

If the 11th doesn’t remove Cannon on their own, Democrats can further point to the need for court reform IF voters are summoned to more fully engage in Nov

If Harris is elected, Trump goes to trial and MAGA loses its figurehead. If Trump is elected, the question is moot

Smith’s position provides the Court an opportunity to demonstrate Judicial prudence by themselves, which we are all hoping to see

There is little to be gained by Smith asking for Cannon’s removal at this point. The 11th can see she’s not fit on their own. Smith just teed up the ball for them

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And not just that. Documents containing military secrets of other countries as well.

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Did you mean to write “off?“

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WASHINGTON POST

"Independent counsel Kenneth W. Starr opposes renewing the law that gave him the authority to investigate President Clinton and plans to tell a congressional committee today that>>>>>>>> the independent counsel process is "constitutionally dubious" <<<<<<<<and leads to overly politicized inquiries, according to an advance copy of his testimony."

https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr041499.htm

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It's a chess match not a prize fight. Deliberate and well thought out versus, slam bang. Bobby Fischer versus Donald Duck, not Muhammad Ali versus Rocky.

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Having practiced appellate law in Florida for 35 years, and personally knowing at least a few of the 11th Circuit's judges appointed during that time, I'm confident that the Court will reverse Cannon's decision as unsupported by ample precedent. Not a prediction on the outcome, but I believe the 11th Circuit Court of Appeals is an unbiased court.

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Cannon did her dirty work in wasting precious time, however!

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I'm sure that's what she was paid for.

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I suspect Judge Cannon was Repaying Trump for his Judiciary Appointment of Her to the Federal Bench!

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Yes. The fix was in from the beginning...find a way to make this case go beyond Nov. 5. Cannon did her job excellently. She sold her soul a long time ago

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Cannon, or any judge who won't recuse or was hand picked is unacceptable! How is this 💩 ever legal, and allowed? Justice must be on a more efficient timeline. All these cases should be resolved long ago!

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I agree Trump and his Legal Team, plus Judge Cannon have made a Mockery of our Justice System!

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What you said especially in the light that Cannon was advised by the 11th Circuit NOT to touch the case because her doing so would appear to be a conflict of interest then they end up having to reverse two of her early rulings. Here’s hoping the three strike rule holds with Cannon’s superiors; this stupid ruling being #3.

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Yes Marlene, but they will not remove her from jurisdiction, because Jack Smith didn't ask them to.

Again we are being punked, It started with the Mueller investigation, that was suppose to be the undoing of Trump, but turned out to be a nothing burger. Either the whole judicial system is corrupt or everyone is afraid of Trump or whoever is behind Trump.

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If Smith didn't move for disqualification, I trust that he had reason not to. It's a risky proposition to begin with and it's a high bar. Stupidity is not a basis. And, while bias might be, it takes more than just adverse rulings.

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I cannot abide apologetic s and rationalizations. He didn't ask for her removal and the appeals court will not act on it's own volition. All that a court does is act on filings, they do not initiate filings

I don't care what reasons Smith has for not doing his duty. He didn't do it.. period, He could have, should have, has the right and obligation to do it, but he didn't.

End of story.

The cops at Uvalde had their reasons for standing by over an hour while the gunman slaughtered the kids.

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God, I hate to agree to your analysis, though the truth is just as you state. Then you added the “children” and It make me sick that the Courts are so (not sure what word would cover) to allow this Monster Trump to actually get away with such atrocities. Cannon should NEVER have been given this case, we all know that yet…. Here we are. Be Well. I just want a brand new President who has Justice with Joy in her heart. ♥️. I want all R’s to be accounted for. (But, i also like to Dream) 🇺🇸

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IMO, Cannon was given the case because Garland is in on it. An employee of the Federalist society he was vetted to Obama by the extreme right wing senator Orrin Hatch R-UT.

His flimsy excuse for trying the case in Florida is "that is where the crime occurred", and no a word from the media, analysts or anyone, because the crime occurred in D.C. the moment Wautine NATA took the boxes from the White House, if you want to quibble that, then the moment he unloaded the boxes from the truck and put them on the airplane.

Then Garland used the flimsy excuse that Cannon was chosen out of chance.

The story is that federal judges were picked by a spin of the wheel, as in wheel of fortune, and her name just happened to come up.

If you believe that I have a bridge to sell you.

I

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Well Said and I rarely praise Mitch McConnell, but he did everyone a Service when he refused to accept Obama's Nomination of Merrick Garland to the SCOTUS!

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Good Analogy but I'm hoping for a better outcome than what Uvalde experienced!

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Is there precedent for an appeals court to appoint another judge for Trump's case in Florida? I'm unfamiliar with what their powers are in this situation. Cannon is not an impartial jurist and needs to be removed, not only from this case, but the federal bench entirely. She's unqualified and biased.

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I think there have been other cases where they have reassigned cases. It looks really bad for Cannon that they have had to bring this case to them yet again.

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I remember hearing that from judges and law clerks past and present about the 11th Circuit when I worked in federal court.

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Your lips to gods ears.

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That is a reassuring statement!

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Marlene Reiss, can’t the 11th Circuit speed things up?

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From your lips….

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👏🏼👏🏼👏🏼

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As the first person to make a comment, Admitting, I was hoping you noticed. Jack Smith appealed today so that You would comment and I wouldn't have to read the whole thing!

Likely. I speak for all of us who.

Are totally grateful and appreciative of the hard work and thought that you put into everything so that you can teach us to be better informed about the lego situation.

This really?

Brings peace of mind to mini of us and builds a strong community.

To feel part of!

We HONOR YOU!

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Yes, Joyce, you are a gem walking us thru these legal labyrinths! 💙🇺🇸 TY for helping keep us informed and calm until the election. God, I want Nov 5 to be today!!

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Well ,well, well. Judge Aileen Cannon followed a sloppy path to a sloppy confusion .

Jack Smith is hosing it down . And about time for the good Judge to learn how the law really works .

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It’s actually time for her to be impeached and removed for showing bias, taking bribes, and pure incompetence.

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HEAR HEAR! Cannon is a disgrace to our justice system.

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A cynic could argue that she fits right in ... there are a lot of loopy and biased, ideologically driven federal judges. They are all political appointments - no mystery there.

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This brief is as much for the 11th District Court as it is a precursor of the arguments to be made before the Supreme Court. We've seen this movie before with the immunity claim. Let's just make sure the matter reaches the Supreme Court by defeating Tump at the ballot box. Finally, the American people get to be the jury with Kamala Harris acting as the prosecutor!

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The thing that concerns me is that this extreme court has shown such a delight for stomping all over precedent.

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Your's is a valid concern. Many of us share your concern!

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The one glimmer of hope is that if Trump fails to win the Presidency, the Court may no longer feel inclined to protect him.

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Unless, of course, Kavanaugh among others feel they have some vengeance to deliver.

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I have been retired from the federal courts for a number of years now, and I can only imagine sitting around the long table in my judge's chambers at lunch discussing the crazy way the courts have changed and the chaos that has happened since the Extremes started to upend a century and a half of precedent. I miss those days and the intellectual stimulation I got (as a non-attorney) from these discussions with the judge and his law clerks through the years. I love having this place to get some of that back. Thank you, Joyce.

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The Supremes are much better than the Extremes. I saw Cavanaugh wishing he could sing a different tune when Kamala nailed his rear to the wall! He got caught in a web he could not get out of. Liars beware!

Here is a wayback machine refresher: https://www.youtube.com/watch?v=Tsm1GPnlqmU

https://www.youtube.com/watch?v=VRJecfRxbr8

Watch the African American guys eyes. They tell a wonderful story.

ps Mike Lee is a POS.

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Thanks rbdgeologist.

It is simply amazing that everything Senator Harris accused Kavanaugh of being is exactly what he has shown himself to be. She had him pegged from the start and he has done everything that she said he would do. Congress really needs to take action to clean up the Supreme Court. God I hope there is a Blue Congress.

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You are welcome, David. Thanks for being a good soul is this wild world. As I rewatched this PM, I thought the same thing. If you can, watch the one where she makes barr tremble in his shoes. this confirms to me that she is the right person for the job. I am thrilled with the excitement she has generated and getting the youngin’s stirred up. They will be here, unless our climate crashes or the nukes start flying, for a long time. Have a good one and give your lovely dog a pat on the head or me. If you are not familiar with the Lewis Powell memo: https://scholarlycommons.law.wlu.edu/powellmemo/ this is the outline for the Magapublicans rise to the top. Read it and connect the dots, supreme court, citizens united as examples. P25 their work plan for the next round of insanity. Here is one more: https://icjs.org/charismatic-revival-fury/ the New Apostolic Reformation who were major players on J6. peace, dude. robert

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Thanks again.

I agree that Harris is exactly the right person for our nation at this time. Several family members have said discouraging things like “Who is she and what has she done?” And “Why should I vote for her?” Well, that single video should answer their questions because it is obvious that she has been bringing a lot to the table for a long time.

All the best,

David

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It would be a mathematical miracle for the Dems to retain the Senate , even with the Harris factor in play. The Dems are trying to defend so many seats.

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Math doesn’t do miracles. Math does what people tell it to do.

So the miracle we need is to get people to see the light and that can’t be done with math. It has to be done with people.

And I believe in people. Send your $10 to a Democratic fund raiser and knock on doors if you are in a contested state.

Put a sign in your yard.

Only we can do this!

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Volunteer to send postcards! You pay mail out postage (O.56 per card). Google postcards to voters!!

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In the real world it will indeed be a miracle (mathematical or otherwise) for the Dems to have 50+ senators after the election. Let's hope they do much better in the House.

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Well I guess you haven’t been where I have been and done the impossible as if it was just another day catching rays and drinking margaritas. People do the impossible every day in the real world. But in most cases, they do it together as a team.

If the team that started in 1972 to undermine the US Constitution and destroy democracy in the US had said “It will be a miracle….”, well I guess they are looking forward to one coming up again in November.

Persistence and hard work make “miracles” happen, every time.

Democrats need that kind of miracle in November too.

We need persistence and very hard work, sacrifice and great leadership!

We Democrats have all of that.

Trump only has persistence, though many of his followers are working very hard and sacrificing a lot. Some are even going to jail for him.

Let’s end the Trumplican string of miracles and continue with our own in November. Together we can do anything!

I have seen it happen and am living proof that miracles happen.

But that is another set of stories.

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I've donated $1000 to Harris & to give her a blue Congres. I live in Socal Security. I swore no more donations, but I did send a few bucks to D-Senator Jon Tester & D-Sen. Sheldon Whitehouse.

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Now that is true sacrifice. Thank you Teri! You are a miracle!

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Thank you for that rbdeologist!

Our country needs this woman to be our President. Now is the time! It is perfectly aligned. Kamala Harris is the right person for all of us in this precarious moment in our nations history. We must and will succeed! 🙏

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This is a video of Kamala Harris in the Kavanaugh ‘s SC. THIS IS A MUST WATCH AGAIN and listen to her. It is beyond reproach. (I don’t know how to restock… so please do! Thanks to all of you here. This says EVERYTHING we know to be true. Thank you to rbdgeologist. PERFECT. Be well, be informed.

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Oh thank you for posting this. Matt Damon’s performance provides at least a bit of a lift at a time when my sense of humor is perhaps not as robust as I’d like.

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Can’t expect much from a woman married to a mobster and friend of Trumps. So I am guessing that Jack Smith does not have to spell it out so clearly and risk tainting the brief, keeping it clean will further activate the 11th circuit to sit up straight and responsibly attend to the business so lacking in Cannon’s court Finding Kavanagh’s treatise on the attorney general being able to appoint a special counsel, written by Brett Kavanagh is absolutely brilliant let the dim bulbs of the justice system play poker.

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BULLFEATHERS

Jack Smith's appointment was unconstitutional.

He has no more authority than Taylor Swift.

https://www.supremecourt.gov/DocketPDF/23/23-624/293864/20231220140217967_US%20v.%20Trump%20amicus%20final.pdf

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Kenneth Starr wanted to close the book on prosecuting Presidents after his thorough GOP hunt turned lives inside out with the help of the FBI. The translation there is, No Democrats should ever be able to do what I did to Bill Clinton. The Supreme Court agrees. Now only candidates can be prosecuted.

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So Bill Clinton and Hunter Biden have been sorely mistreated, and the US owes them damages?

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Former special counsel Kenneth Starr ADMITTED that the Law is UNCONSTITUTIONAL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

"Independent counsel Kenneth W. Starr opposes renewing the law that gave him the authority to investigate President Clinton and plans to tell a congressional committee today that *********the independent counsel process is "constitutionally dubious" *********and leads to overly politicized inquiries, according to an advance copy of his testimony."

https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr041499.htm

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Thanks Joyce, our focus has to be beating Trump a second time so that ultimately justice will prevail.!

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Interesting that the Special Counsel did not request that the case be reassigned to a different judge if the appellate court reverses.

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Any idea why Smith didn't ask for Cannon's recusal? She has proved herself to be not only stunningly incompetent, but blatantly biased.

Sending the case back to that corrupt dimwit will just encourage her to wait until a jury is seated and then dismiss it again under equally flimsy grounds.

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Per Jack Smith's brief the Cannon's "series of errors" are pin cited n the record; it's time for the 11th Circuit Panel to remove the loose cannon on the bases of serial, judicial error based on the case record, the entire damning record.

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Yes! Smith laid out Judge Cannon’s incompetence like dirty laundry to a court that’s had enough of her. This way the appellate judges are almost obliged to kick her out and then Trump/Vance can’t accuse the liberal commieSmith, Biden and all those lefty Democrats of kicking her off the case in order to throw trump in jail. I think it’s rather brilliant and am getting ready to watch the show….

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If incompetence were all it took to remove a judge from a case, or the bench for that matter, they'd be dropping like flies. It takes more than stupidity to get a judge off of a case. It's an imperfect system, but the only one we've got.

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Good luck with that. Am I the only cynic at this party?

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Dancing Fox, you are certainly entitled to cynicism on this legal landscape over the last 7 years but Cannon's refusal is just a matter of 11th Circuit Appellate law.

To be clear Jack Smith brief did not ask for Cannon's "reassignment". Regardless, ex FBI/Meuller Counsel, Andrew Weissmann, explained back in June 2024 & reiterated today, the 11th Circuit " ... could remove Aileen Cannon while reversing her Dismissal order ...".

That is why I emphasized in my comment above Jack Smith's citation to a "series of errors" & other the admissible evidence that would form the basis of her departure from the case.

I will re-confirm the identity of the 11th Circuit 3 Judge Panel before commenting further. But, salty appellate lawyers craft appellate arguments for specific individual appellate judges & know the professional boundaries of 'black letter law'.

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Andrew Weissman is a brilliant man. And, as usual, I believe he sees all the chess moves long before the rest of us. I won’t be surprised if the court replaces the loose Cannon when it reverses her error. Some of those judges advised her not to keep the case. They have seen how ineptly she has handled the case. Perhaps it was wise of Jack Smith to leave it in their hands. They can remove her without appearing to cater to Jack Smith.

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What is black letter law?

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Makes me think that if they reverse on this issue, they may make the change themselves.

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Sometimes lawyers have other cases before a judge so can't unless they want to always ask the judge to recuse. But because Smith is Special Counsel, I don't think that's a reasonable expectation. Wish he would have asked for her recusal and then we could all feel the process was at least fair no matter what.

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I can't help but think Jack knows what he's doing. And I don't say that with sarcasm at all, just that he has an important strategy to follow here.

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I trust Jack’s judgment over my own in this one. I would love to personally remove the loose Cannon by the scruff of her neck. Jack deftly trusted the 11th circuit.

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Me too. I absolutely hate that all these 💩💩💩💩 games are dragging things out for YEARS. You or I would have been arrested, tried & convicted. Clean up our laws to give people a fair trial, but reject by law these delays. 🤬

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"Any idea why Smith didn't ask for Cannon's recusal? She has proved herself to be not only stunningly incompetent, but blatantly biased."

He's like all of them - covering his arse, being collegiate, protecting his reputation and career. He wants to win the legal appointment argument that keeps him in the ($$$) job. He is less worried about anything else, including who the judge is. Call me a cynic.

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“Misguided” may be more accurate. Jack Smith is a talented, experienced prosecutor of consummate integrity, and as Joyce Vance, among others, has pointed out, there are solid strategic reasons for letting the removal of Cannon originate with the Court, not the prosecution. These are the senior judges who advised her from the very beginning not to take on this case — that she was out of her depth. She thumbed her nose at them. They can now turn their thumbs down on her, especially given how blatant her biased and questionable behavior.

It is utterly indefensible to vilify Smith, who has more inside knowledge and prosecutorial experience behind his strategies than we will ever have. Nor has there ever been reason to believe his dedication and motivation are fueled by anything other than the pursuit of justice. He deserves your respect.

The corruption that taints everything Trumpian has not touched everyone. Thank heaven for that.

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He figured the Appellate judges would realize the obvious and do their job without his having to ask.

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Hope so but that seems mighty optimistic. . . . He went out of his way to spell out all the other details, so leaving this one out seems pretty glaring.

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He left it up to the 11th circuit. If he had asked for her removal, it would look like it was his idea. This leaves the decision completely in their hands. Wise move!

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Thank you Joyce this sounds to me like a spot on brilliant argument that the 11th Circuit Court judges should have no difficulty in overturning Cannon I will be very surprised, after they admonished her previous decision on evidence, if they don't remove her from the case. Assuming we win this election I think AOC needs to draw up impeachment papers on Cannon as well.

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His response was long and a day early. Impressive.

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Oh boy…

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The 11th Circuit, even with its almost sure reversal and probable reassignment of the case will just as almost certainly not save it from the partisan clutches of the Imperial Court majority. It will be up to us to make sure the SDFL US Attorney remains in place and can recharge it, by putting a Harris administration in the WH. We are the calvary. The country --- our democracy, is counting on us.

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I keep wondering,what was in it for Judge Cannon,to risk her career for?How was tfg possessing top secret documents considered okay?How was this case handed to her? It's just way too fishy.

Jack Smith is doing the right thing,putting up the appeal.Maybe(hopefully!)someone will connect the dots and see what's really going on.

Because something is sure enough rotten in Denmark.

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Well, she's not risking her career, just her reputation. It's a lifetime appointment.

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Well, she could and should be impeached, but I’ve grown too cynical about our judicial system ethics that I’m not holding my breath.

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That could change, depending upon what it turns out she went along with.

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While this sounds hopeful, I’m not going to assume anything. Trump deserves a long jail term for stealing, hiding, refusing to return, and showing some of these TS docs. He also showed or perhaps sold things to our enemies. All these legalese gets in the way of the real issue: Trump is a traitor. He deserves a stiff penalty.

Thanks, Joyce, for decoding this for us.

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Trump is a an ex-president ... he is almost immunely bullet-proof ... that is the American political system. The court has said so, "If a president does something then it's not illegal."

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Former special counsel Kenneth Starr ADMITS that the Law is UNCONSTITUTIONAL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

"Independent counsel Kenneth W. Starr opposes renewing the law that gave him the authority to investigate President Clinton and plans to tell a congressional committee today that *********the independent counsel process is "constitutionally dubious" *********and leads to overly politicized inquiries, according to an advance copy of his testimony."

https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/starr041499.htm

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