167 Comments

Joyce—If Cannon rules for trump, do you think this will prompt Smith to finally go over her head and appeal?

She has no business being on the bench. A total disgrace.

Expand full comment

Just my observation from years working in court (not an attorney), it's not so much a "finally" in my mind. A lawyer in a big case generally likes to keep his powder dry for the big issues, not less significant matters like scheduling or other minor issues, although I know these are not insignificant issues to us and other citizens concerned about democracy and getting at least one of these cases decided before the election. And not all matters are appealable. My guess is that as the bigger issues (like these Joyce discussed tonight) come up, he will decide to file an appeal, if she rules in a wonky, unreasonably Trump-favoring way, and maybe even a request to take her off the case, however that works at that level.

Expand full comment

Exactly my sentiments! Judge Cannon must be removed! Bet she’s hoping for a higher appointment if Trump wins in November! Guess we’ll see!

Expand full comment
founding

That would be the Peter Principle in action... if she hasn’t already reached her level of incompetence.

Expand full comment

Attorney General or replacement for Thomas!

Expand full comment

Heaven help us!

Expand full comment

I agree. But look at the clowns on the Alabama supreme course, none of passed high school biology.

Their Bible seems the only larnin they needed.

It seems pretty obvious there's an issue with the bar exam

Expand full comment

Hope so

Expand full comment

At least this ruling by the judge can be used to demonstrate to us why it can take so long to build a case.

We railed about why DA Willis was taking so long to bring charges. Now we can say “She should have taken longer!”

The beauty of our system of justice is that it works in the long run (in a large preponderance of the cases) but there’s no way to get there quickly.

Patience is a virtue.

Expand full comment
founding

He's really throwing spaghetti at the wall with his arguments.

I agree the cases are moving excruciatingly slow. But as Joyce aptly points out it would be foolish to proceed anly to be reversed pon appeal.

Let's hope Cannon starts taking her job seriously.

Expand full comment

Thank you Joyce. You know what the sad part is that I know that you have to write it this way, but the bottom line is I know his lawyers are the ones coming up with all the information. I don’t think Trump could think his way out of a McDonald’s bag, though he probably wouldn’t want to, I don’t believe he understands what he does. And that’s the sad and scary part and thank you for pointing it out for all of us to realize what’s really going on. It’s a Shelle game. Take care everybody stay strong, vote blue all down the line.

Expand full comment

Yes, and Trump’s mother said, “he is my son, but he’s an idiot, and he has no common sense, and I hope he never goes into politics because he’ll be a disaster“. She was a profit.

Expand full comment

His mother said that? I've never seen anything about her except that she was a cowed abused little creature.

Expand full comment

I started to ask if you had a source for the quote; however I decided to google it and see what came up. This “quote” was debunked as far back as 2020 with several outlets stating they could find no evidence his mother ever made this statement.

Expand full comment

Someone sent me a copy of a newspaper article that quoted that. And yes, as an English major I am aware of the proper spelling. But I swear auto correct changed it just before I sent it!

Expand full comment

I might mention that "prophet" is the spelling you want, but for this lot... you're ok.

Expand full comment

Thank you Mike. This has consistently bothered me. We all know tRump hasn't had coherent thought in years!

Expand full comment

Mike - not to defend Trump in any way but that is exactly the role of your attorney. Plaintiffs and defendants, whether in civil or criminal cases , generally do not “know the law” and rely upon the advice and counsel of their attorney(s) to come up with the legal arguments that will benefit their client.

Expand full comment

But what does it say about these solicitors? Pay me the devil's money and I will twist the justice system as far as possible.

Expand full comment

Why is it the “devil’s money?” I may not like an argument, a motion or a ruling and think it weak (ala Andrew Weissmann) but to say that it is wrong just because the defendant is hated does not give license to obliterate the judicial system and the rule of law (which tenuously holds). Has Trump stretched the “law” beyond what most people have seen before - yes. But at least, at this time, it has held. We are not yet a dictatorship or a banana republic.

Expand full comment

Then is it OK to refer to ill-gotten gains rather than devil's money?

Expand full comment

True, but delay is the ONLY reason and it sadly, seems to be working.

Expand full comment

Than

Expand full comment

I can't see what you're referencing.

Expand full comment

The Mar-a-Lago case is a HUGE warning that Candidate Trump should not receive classified briefings!

Expand full comment

Amen!! Someone told me up to 90 Classified documents are still missing and we have no idea what they were.

Expand full comment

If you go to Moscow, I think you will find them and see what level of classification each document has. If you don't want to fly that far, I bet a closer location might just be Trump's golf course/cemetery in New Jersey may have what you're looking for.

As soon as I heard on TV that Trump had his ex-wife buried there, my very first suspicion was that the boxes would be there. Why else would he have her buried in a CASKET? She was cremated. Every funeral I went to where the person had been cremated showed an urn on a table surrounded by flowers rather than a big casket. The best explanation would be that her urn wasn't the only thing buried there. In fact, for a long time, I'd mention this when making MSN comments, saying "People are DYING to go to his golf course."

Expand full comment

Absolutely! What else is in that casket? The FBI should have opened that up a long time ago.

Expand full comment

Exhume today

Expand full comment

If I recall correctly, the eight or nine pall-bearers were struggling with the casket.

Expand full comment

Glad you pointed that out! After all, it's not like she weighed 300 pounds.

Expand full comment

For those of us who remember, the documents are buried with Jimmy Hoffa!

Expand full comment

After Trump's ex-wife was buried, there was talk about exhuming her body. Ordinarily, it takes a court order to exhume a body. But Trump being Trump would have gotten around that particular law because she's buried on private property. He always knows how to beat the system.

On another note, do you suppose Hoffa really died? I remember the TV episode where Geraldo Rivera's crew looked underground for Jimmy in Chicago, but they found nothing. Maybe he's hiding in a secret area of MAL, watching over those boxes of classified documents.

Expand full comment

Al Capone's vault is what I remember.

Expand full comment

Les, when I mess up, I do it royally! It was Al Capone, not Hoffa. I'll blame it on the fact that Trump is making me crazy!

Expand full comment

Is that casket made of good Norwegian wood? (I couldn't resist referring to your (once) having a cat, or should you say it (once) has you.)

Expand full comment

Yes, I have a kitty. Have to take him to the vet tomorrow for his yearly checkup --- and shots. I am NOT looking forward to it. I may have him tonight, but tomorrow, he will have ME, which is why I want to make sure they give him a nail trim. He freaks out as soon as I get his carrier.

I do like that song from the Beatles. It was weird. I guess if someone comes to visit and there is no chair, they CAN sit anywhere,

Expand full comment

"Someone told me up to 90 Classified documents are still missing and we have no idea what they were."

Hopefully SOMEONE in the "Intelligence Community" knows what's in the missing documents ... but it's taken years to get this far, with seemingly little sense of urgency.

Expand full comment

Pretty amazing that Smith didn’t raid trump’s NJ hangout and his office in NY particularly since there are pictures and testimony about loading them on the plane?Joyce: what is your opinion about that? Was Smith thinking that he already had more than enough evidence to convict? But wouldn’t he have an obligation to recover all classified docs??thanks

Expand full comment

Isn't it past time to search Ivana's casket. There's no reason her ashes should have been so contained.

Expand full comment

Yep. Trump has already been “Putinized!” Recently he was “ Orbanized!”

Expand full comment

Donald has been Putinizationally Orbanified. In spades.

Expand full comment

Per NBC News, Don De Luce & Andrea Mitchell, upon formal R nomination, Trump will get intelligence briefings.

I doubt he will be given any documents so he cannot say, "they are mine".

Expand full comment

Recall he did not read the briefings when he was in office!

Expand full comment

Louis -- And they finally reduced them to 1 page, hoping he would read that, and apparently he didn't both.er I have an idea Bannon and others looked over his shoulder and told him what THEY felt he needed to know.

Expand full comment

Hand them over print side down and upside down and see if he notices.

Expand full comment

The 'briefings' will have to be pictures, since TFG is famous for not reading anything. Seriously doubt he can even read, at this point, anyway.

Expand full comment
deletedMar 14
Comment deleted
Expand full comment

I wish that were the case, but once someone has the required number of primary votes (which happened last night for both trump and Biden) for the nomination of their party, they are entitled to receive briefings. Eek.

Expand full comment

@Pamela Tracey. It is not until he is formally nominated by the RNC in July.

Expand full comment

Monica, I think you got it right. but, the "RNC" is now a wholly owned subsidiary of the former guy.

Expand full comment

That makes sense, but MSM is reporting that candidates are entitled to classified briefings once they clinch the number of votes that will put them over the top for the nomination. I do wonder if there is some actual directive on this? Or is it vague, like a custom or a tradition? Attorneys, please clarify!

Expand full comment

There's no law about candidates receiving classified briefings. It's some sort of tradition. If you recall, after Biden was elected, TFG refused the transition team any sort of intelligence at all.

Expand full comment
deletedMar 14
Comment deleted
Expand full comment

Thanks for the info Vickie. Way too many things that we assumed were "in stone" have turned out to be "traditions" right? Somebody gotta tighten that stuff up once we get into Biden's second administration!!

Expand full comment

Hopefully not although some say he might. I pray they water them down if he does.

Expand full comment

Even better, Dems should think like MAGAts and just make up a bunch of stuff.

Give 'em back their "fake news"!

Expand full comment

Yes!!! 🤣

Expand full comment

I actually like these rulings. His Honor is short-circuting defendants' grounds for appeal.

Expand full comment

Does it reflect quite badly though on the Fani Willis prosecution team - that they left a big weak hole in these critical charges? Why were they not very specific about the details of the charges - the who, when, and what in the Jack Smith mode - so as to make them judge-proof? They have the documents, evidence, and lots of testimony.

Doesn't help the optics (politicised public opinion) of this case much either.

Expand full comment

Cargill, Don’t you think your concern about optics is a bit of a stretch here?

Expand full comment

No matter. I am expecting the attack on Fani W will fail on technical grounds. Trial Judge's know how to protect the entire case & all parties.

Expand full comment

Possibly ... but Ms Willis already has some complicating "optics" in the mix, and it's such a big RICO case, that being slapped on the wrist like a ninth-grader, and then told to re-submit, , doesn't really help much. I guess I'm just nervous that Trump seems to get all the breaks because of the legal chicanery that makes it possible - in fact probable.

Expand full comment

Cargill, I do share your concern about chicanery.. But, see "Why Fani W will not be DQ'd under Georgia Law", 1/21/24 by Joyce Vance, Richard Painter & Norman L. Eisen via the "Just Security" Platform.

Expand full comment

Yes. Chicanery and delays. Clearly we could expect no less from a man who was coached, brought up to sue and countersue, and abuse the legal system for his own ends. As I understand his life, he truly was created by his father Fred Trump and his mentor Roy Cohn who was at Joe McCarthy’s side in that era. We are facing a man bred for this moment. He is, in my opinion, a man who has no boundaries in these matters, a focus on money and himself at all costs - even to the extend of seeking retribution from D.C. to Ukraine. I am inclined to say no one could have fully appreciated his evil and bent personality prior to his taking on this political and far reaching role. And, of course, he has welcomed people like Roger Stone, Steve Bannon, Proud Boys, Vladimir Putin and Viktor Orbán (to name a few) to work in his behalf. In 2024 we are seeing the worst of humanity and many people like us who will and must push back. Oh! I forgot to include the Trump family- Donald, Jr., Eric, Lara, Kushner, et al. I’ve begun to refer to these folks as the Trump mob and family syndicate.

Expand full comment

The fact is he has exposed flaws in our legal system which hopefully will be corrected by Congress. After dealing with his “legal” delay tactics which he is entitled to, he has managed to poke holes in us and the laws. He is exhausting but we’re not going to let him get the better of us!

Expand full comment

I'm holding my tongue to avoid using curses. I'm just saying you're right.

Expand full comment

I think strategy to leave a couple of weeks but in your argument. That way the judge has latitude to make ani informed judgment using her life experience and education.

***

Here’s what I was trying to say. It is a good strategy to lead a couple of weak spots in your argument. That way the judge has latitude to make an informed judgment using her life experience and education. Lol

Expand full comment

Yeah. The Abigail Adams character in the TV series told John it's good strategy to lead people toward a decision but let them think it was their idea.

Expand full comment

Downside of hiring an assistant with no RICO experience.

Expand full comment

In defense of Fani Willis and her team (there are many more involved than are publicly known) putting together the case that she did involves a lot of moving and competing parts. Putting together any complicated case - either civil or criminal - is not an easy task. It is even more difficult when it is a high profile case. And in this case it is not necessary to have a team of all RICO experienced attorneys. There are other jobs to be done that don’t require that expertise. Wade was and is an experienced criminal trial attorney. Do not disparage either. They do not deserve it.

Expand full comment

Gosh! How I wish this man would disappear from this earth. I am sick & tired of him! Sick-and-bloody-tired.

I just don't want to hear of or from him anymore. All of the world (I live in Canada), seems to be hanging on his every word. My Europeaan, African, Australian and New Zealand friends tell me the same.

Everything Trump touches spoils!

Expand full comment

The former Prime Minister of Australia was on one of the evening MSNBC programs last week and said that although he's no longer PM, he stays in touch with other world leaders. He stated that ALL of them are scared that if Trump becomes POTUS again, "he will destroy the world order." Be glad you're in Canada. My grandparents were from the Northwest Territory. If they were still alive, you better believe I'd be packing my bags to move up there before it's too late.

Expand full comment

"ALL of them are scared that if Trump becomes POTUS again, "he will destroy the world order." "

That's what Steve Bannon, Stephen Miller, and all the rest of the MAGA crazies want ... own the Libs and own the world order. The US should be like Hungary, Türkiye, and every other right-wing nut-job country ... that's their aim.

Expand full comment

I agree. It's scary, but I do.

Expand full comment

I agree it's scary ... it's as if there is a significant number of people inside the DC Beltway - potentially in positions of serious influence, heaven forbid - who have the mentality and world-view of ultra-right gun-nuts holed up in compounds in Idaho (and I'm not slagging Idaho - it is beautiful).

Expand full comment

The state is beautiful without maggots.

Expand full comment

I've never been to Idaho, and I have had people tell me that is very nice.

Expand full comment

Donald Trump's lawyers are the worst. The law is just a game for them.

Expand full comment

Honestly I think they're probably running out of arguments. How many ways can you defend a guilty man?! You can't.

Expand full comment

"How many ways can you defend a guilty man?!"

You stack the Supreme Court with right-wing hacks? You let an insurrectionist run for office, even though the Constitution clearly forbids it?

Expand full comment

You allow insurrectionists to sit in Congress, gumming the works.

Expand full comment

Six ways to Sunday, 11 months to January, let me count the ways.

Expand full comment

And for him too. He's never had to take it seriously before.

Expand full comment

If the sycophant judge rules in favor of the psycopath, is that sufficient grounds for Smith to ask for recusal?

Expand full comment

As a general rule, Trial Judge's do not like surprises at Trial least of all Judge McAfee in a broad Georgia RiCO action.

My understanding of the infamous call to Raffensberger, ""All I need (pause) ahh ... is ...

(the exact number of votes that I am short) is that there were 3 possibly 4 other witnesses in the room that can provide the proper evidentiary foundation to defeat a "special demurrer.".

The fact of Trump's call is still in the RICO allegations. Trial testimony is a helluva way to get more factual evidence but, there is no real harm to the Rico case.

Expand full comment

Exactly. As a former state prosecutor, I can attest that it’s a whole lot better to have the trial judge dismiss some counts that are not specific enough (it’s a “notice” issue) than to see convictions on those counts reversed on appeal. It’s no big deal, actually, to just go back to the grand jury with more specific counts. The only problem here is that very loud ticking of the clock, because there are notice requirements when a prosecutor re-indicts.

Expand full comment

Thank You Laura. I think I can hear that "loud ticking"out here in CA. But, per Lisa Rubin the actual Georgia deadline is 6 months .

Expand full comment
Mar 14·edited Mar 15

But consider that strategically the GA DA will have to dodge other cases against Trump which may be going on in late summer/early fall.

Expand full comment

"... it’s a whole lot better to have the trial judge dismiss some counts that are not specific enough ... "

While that sounds sensible, it raises the question - why did the prosecution team not know the requirements, and present over-broad and under-evidenced counts in the first place? Over-confidence? Lack of experience at this level? A big team overlooking important details?

Expand full comment

From what I've read elsewhere (can't remember where) the charges that were dropped were suggested by the grand jury, not directly by Willis and her team. Indeed, the charges should have been better vetted, but I suspect there was some time pressure to just get things moving.

Expand full comment

It’s not an exact science.

Expand full comment

Thank you for providing us with your insights and expertise on this judges’ ruling. I now wait to review your opinions on all legal information regarding the matter of Trump’s legal woes.

Expand full comment

Trump is holding this entire country in abeyance. How can a man who has broken so many laws dictate that the legal officer (Fani Willis) cannot do the job she worked so hard to do. It is beyond reason to charge her with impropriety when there is a list a mile long for improprieties Trump has disgraced himself with. I am not a lawyer. I am a citizen who is scared to death Trump and his lawyers are going to ruin this country just because he wants to be am emperor. I have had knots in my stomach for eight years because of Trump and I am sick of it. We cannot let him destroy us because of his whims. He has caused all the problems and we need to put an end to it. This judge has also used her whims to delay this case, and should have been taken off the case a long time ago.

Expand full comment

"Trump is holding this entire country in abeyance. How can a man who has broken so many laws dictate that the legal officer (Fani Willis) cannot do the job she worked so hard to do. It is beyond reason to charge her with impropriety when there is a list a mile long for improprieties Trump has disgraced himself with."

No surprises there.

It results from the evolution of the US legal system since about 1789 - it has been totally concocted by Guilty Rich White Men ... and guess what ... it defends and protects Guilty Rich White Men. No surprises there either.

Expand full comment

Your comment reminded me of a pearl of wisdom by the late sci fi writer Terry Pratchett: The good are innocent and create Justice. The bad are guilty which is why they create mercy. (Witches Abroad 1991)🐈‍⬛

Expand full comment

Judge* Cannon cannot and will not grant tRump immunity, BUT she will tolerate all the delays that tRump and his "legal" team can muster, including motion upon motion regarding discovery as it pertains to classified material, motions concerning implementation of CIPA protocols, etc. Delay upon delay upon delay, no matter how frivolous and lacking merit will ALWAYS gain Defendant tRump courteous and lengthly consideration by the court, until the final trial date is set for....who knows, early next year? Whatever ever happened to "Justice delayed is Justice denied"?

Expand full comment

RICO charges are still held and that is great news. I hope Judge McAfee rules favorable on keeping Willis on.

The only judge that would agree with Trump in the Mar A Lago trial is the judge that would not be on the bench if not for the so-called king. I hope she is shown the door. Bye bye.

It has surely been a busy week and are so grateful that you are keeping us updated, Joyce.

Expand full comment

AMEN!!!!! I can't wrap my head around all the stuff that's happened so far this week. And it's not even Friday yet!

Expand full comment

Once again I am so glad I read your pieces here. You do keep me sane.

Expand full comment

I hope if Judge Cannon rules in favor of 45, Mr.Smith will move to have her taken off the case. What happened with the classified papers, and, the trying to hold/hold on to them, was actually ludicrous, if it wasn't a threat to the USA's security, and, that of our allies!! It seems like a slam dunk ! And, it should be.

Thank you again for all the nights of excellent updates! 🙌

Expand full comment

Should have said hide,instead of 2 holds!

Expand full comment

Not to worry. I figured it out because this slime knew where they were at the time, and STILL knows. I don't understand why they can't send him temporarily to GITMO so they can finally find out where he hid them.

Expand full comment

Though I know almost nothing of the law I would ask what is “vague” about tRump’s phone call asking for over 11,000 votes to be changed?

Expand full comment
Mar 14·edited Mar 14

I have the same question? From where I sit there is nothing vague about it. However I heard/ read the phone call can still be used as evidence in the RICO charges. If true he’s not completely off the hook for that call. We shall see….

Expand full comment

Regarding Judge Cannon: This week "employee 5" gave an interview with CNN because of the judge's decision (which is being challenged by Mr. Smith) to "out" the witnesses and he decided to "get in front" of the "fallout" (my term) from the "crazies" having him identified - and, we all know what he's going to be subjected to. What was interesting to me about what I heard in the interview is that the boxes he was referring to were being moved FROM Mar a Lago to BEDMINSTER! Remember, the FBI found several folders marked classified which were empty. (???) Regarding Trump's absurd (kind of like "absolute immunity") claim it was the PRA which gave him the right to have these documents - calling that HOGWASH is an insult to hogwash. I believe the PRA applies to all documents - including the ones Trump was tearing up and throwing in the waste cans AND the ones Meadows was burning in the fireplace in his office - not JUST classified documents. Who knows what went to Bedminster and how do we KNOW he didn't take the nuclear codes? - as long as Joyce brought it up. To me, the sooner Judge Cannon gives Jack Smith an opportunity to appeal another bogus decision (like outing the witnesses) to the 11th circuit, the sooner there's a different judge on this case. It's bad enough it's in Florida but with her as the judge Trump will find a way to squirm out of justice - once again! (As it stands, she'll make sure it's not heard before the election - which may be good because a South Florida jury will be a tough one for Mr. Smith - especially in her courtroom)

Expand full comment
Mar 14·edited Mar 14

"Who knows what went to Bedminster and how do we KNOW he didn't take the nuclear codes?"

Do the nuclear codes matter at all? Don't they change every 30 seconds or so?

We mightn't know precisely what has wound up in Bedminster, but the "Intelligence Community" should know precisely what documents that went to the White House have not been returned. I would not expect them to tell the world what is missing - but I would expect them to tell high-clearance members of Jack Smith's team.

Expand full comment