Here’s the thing. I’m on Smith’s side and all of that, but he’s bluffing on this and Cannon knows it. Since she is in no legal jeopardy (The only thing that can happen to her is impeachment, which is impossible in today’s political environment), there is absolutely nothing stopping her from simply ignoring Smith until the trial, waiting until the jury is seated, then essentially dismiss the case for whatever reason she wants once double jeopardy is attached and the dismissal is not appealable. If she is willing to endure the professional fallout from that decision, there is literally nothing Smith can do to stop her.
Mark my words:
Cannon can and will dismiss this case the instant she gets the opportunity once her decisions aren’t appealable and double jeopardy attaches.
The GA case will fall apart because of the affair between Fani Willis and Nathan Wade. She committed ethics violations regarding her affair and the cover-up that should get her disbarred, and I think even the worst of Trump’s lawyers should and will be hopping all over that if they even have a shred of competency.
The Supreme Court has intentionally delayed the DC case by two months while they – I wish I was joking – decide whether or not the President of the United States has total immunity from legal prosecution, and seem poised to find a way to give him such a ruling in a way that only applies to Trump and wouldn’t apply to future Presidents. Their decision to hold off for two months on this is a clear stalling tactic so they can figure out exactly how to do that.
The NY case was already seen as a relatively weak case based on law that even Bragg’s supporters are saying is shaky at best. The general public really couldn’t care less, and Trump is seen as being at no significant legal risk as there is no jail time involved, monetary fines are inconsequential to him, and polls show he will suffer no political fallout from the verdict. Complicating matters is Bragg’s office fumbling the ball when it comes to discovery, giving Trump an opportunity to cause even more delays.
From the day Trump came down that escalator, he has been playing our government, our judicial system, and our press system like a god damned fiddle. They continue to play Trump’s games by Trump’s rules and wondering why they keep getting dragged down to his level and beaten to death with experience. And as long as those in charge of just about every facet of our society continues to allow Trump to play by his own rules, there is no reason to believe that anything is going to change any time soon.
You’re very welcome, glad to share the gospel according to Harry. Also thanks for banging out that killer summary, I should have done that myself but excuse excuse.
From my view, it is perfectly reasonable to be skeptical of any one take, even from someone as well credentialed as Harry.
To that point, one bugbear I am wary of is the inherent cover that lawyerly types tend to give to the Justice system writ large: namely, that it can self-police and correct for biases or bad actors. No legal source I’ve followed has yet to grapple with this blind spot specifically.
Which is to say, I’m right there beside you in being hesitant to overinvest in any one outcome.
With that, I’ll throw one more resource at you, and that is the Serious Trouble podcast. The cadence from this crew is much slower, but they bring a fair bit of levity to the table alongside some deep perspective from the angle of defense, and so I look forward to each episode. My hope is they will dive into a discussion around mandamus also, as I am just as flummoxed as you when it comes to understanding specifics.
Have a good one, and thanks again for the thoughtful conversation.
Actually, yes it was an affair. They started having a romantic relationship in 2019, and he was married until 2021. That’s the literal definition of an affair. They also snuck around to hotel rooms and played all sorts of shell games with money to cover it up. They freely admitted it all on the stand, and even after that the judge still doesn’t believe they were fully forthcoming.
With that said…yes, they are consenting adults. Yes, their affair has absolutely nothing to do with Trump’s case. But that’s actually kinda the point. Regardless of the cases before her, she engaged in unethical (at best) conduct, was not forthcoming under testimony, and should consider herself lucky if she doesn’t get disbarred. If she weren’t the one who was the lead on the Trump case, I’d be willing to bet there would be a lot less support for her and a lot more calls for her resignation. She is likely benefitting because others don’t want to see the Trump case fall apart entirely by having her removed.
That case is, far and away, the biggest case that she will have in her career. Probably the biggest and most consequential case in US history. In a case of this magnitude, you get one shot. You cross every T, dot every I. You engage in exactly fucking nothing that would even tangentally affect this case or hint at even a whiff of impropriety. To take on this case while engaging in that kind of unethical (if not outright illegal) conduct just shows hubris, a complete lack of judgement, and a complete disregard for the importance of the case that she herself brought or the impact that her actions could have on her career, the case, and even the country as a whole.
The GA case will fall apart because of the affair between Fani Willis and Nathan Wade. She committed ethics violations regarding her affair and the cover-up that should get her disbarred, and I think even the worst of Trump’s lawyers should and will be hopping all over that if they even have a shred of competency.
I don’t know much about the US legal system, but I don’t understand how this affair has any bearing on the legitimacy of the case being brought against Trump?
I presume Fani Willis could be removed, but the case against Trump would still continue under a new DA?
I don’t know much about the US legal system, but I don’t understand how this affair has any bearing on the legitimacy of the case being brought against Trump?
It doesn’t. From Trump’s point of view, this was the equivalent of Trump standing at Mar-a-Lago, trying to score a hole in one on a golf course in New York by hitting the ball by way of Tokyo and just hoping the wind shifts direction, and actually hitting it. Her affair itself has absolutely zero bearing on the Trump case, but the facts that have been unearthed surrounding the affair have brought her general ethics and motives into question. This is typically the death knell of a lawyer’s career.
I presume Fani Willis could be removed, but the case against Trump would still continue under a new DA?
It assumes a number of things:
GA is traditionally a red state. It is very possible that a new administration may choose (or be told to) to simply let the case die.
A new team would need time to be brought up to speed and prep for the case. This alone would easily push the case well into 2025 or even 2026, which basically gives Trump the victory he’s been seeking in the first place.
The ethics questions of why the case was brought in the first place would linger anyway, which could complicate the case going forward, and which Trump and his team would mercilessly exploit in order to sow doubt, create endless delays, and/or even hope for jury nullificaiton, lowering the chances of a successful conviction.
there is absolutely nothing stopping her from simply ignoring Smith until the trial, waiting until the jury is seated, then essentially dismiss the case for whatever reason she wants once double jeopardy is attached and the dismissal is not appealable. If she is willing to endure the professional fallout from that decision, there is literally nothing Smith can do to stop her.
Could Smith split the pile of stolen files in half and simply pursue charges on half the files? Assuming jeopardy is attached on the case for the first traunch of the files and Trump is found innocent because of Cannon’s trickery, Smith could then file a new case with the second traunch of the files and no jeopardy from the prior trial would apply because he’d be seeking prosecution on “new” files?
Could Smith split the pile of stolen files in half and simply pursue charges on half the files?
Only if the cases are separate criminal acts. If I murder someone in Philadelphia and six months later, I murder someone else in Pittsburgh, the DA can prosecute me for one of the two murders and keep the other case in his back pocket in case something goes wrong to ensure that I stay in jail.
But let’s say I only killed one person. On a typical murder charge, there’s usually a small list of felonies (Murder, assault, illegal weapon possession, civil rights violations, etc. etc. etc.). The DA can’t bring a weak case against me for murder, then decide to try again and charge me for a weapons violation in order to keep me in jail, and then an assault charge if that fails too, etc. That is essentially an end-run around double jeopardy and is explicitly forbidden. If it weren’t, the double jeopardy protections of the 5th amendment would cease to exist as the lawyer could just divvy up the charges among an endless stream of cases until something finally sticks.
Here’s the thing. I’m on Smith’s side and all of that, but he’s bluffing on this and Cannon knows it. Since she is in no legal jeopardy (The only thing that can happen to her is impeachment, which is impossible in today’s political environment), there is absolutely nothing stopping her from simply ignoring Smith until the trial, waiting until the jury is seated, then essentially dismiss the case for whatever reason she wants once double jeopardy is attached and the dismissal is not appealable. If she is willing to endure the professional fallout from that decision, there is literally nothing Smith can do to stop her.
Mark my words:
From the day Trump came down that escalator, he has been playing our government, our judicial system, and our press system like a god damned fiddle. They continue to play Trump’s games by Trump’s rules and wondering why they keep getting dragged down to his level and beaten to death with experience. And as long as those in charge of just about every facet of our society continues to allow Trump to play by his own rules, there is no reason to believe that anything is going to change any time soon.
Not an attorney myself but also didn’t see you wrestle with the mention of MANDAMUS in the brief. Discuss.
deleted by creator
You’re very welcome, glad to share the gospel according to Harry. Also thanks for banging out that killer summary, I should have done that myself but excuse excuse.
deleted by creator
From my view, it is perfectly reasonable to be skeptical of any one take, even from someone as well credentialed as Harry.
To that point, one bugbear I am wary of is the inherent cover that lawyerly types tend to give to the Justice system writ large: namely, that it can self-police and correct for biases or bad actors. No legal source I’ve followed has yet to grapple with this blind spot specifically.
Which is to say, I’m right there beside you in being hesitant to overinvest in any one outcome.
With that, I’ll throw one more resource at you, and that is the Serious Trouble podcast. The cadence from this crew is much slower, but they bring a fair bit of levity to the table alongside some deep perspective from the angle of defense, and so I look forward to each episode. My hope is they will dive into a discussion around mandamus also, as I am just as flummoxed as you when it comes to understanding specifics.
Have a good one, and thanks again for the thoughtful conversation.
deleted by creator
Greatest country in the world my ass
America is not the greatest country in the world
Good series.
I watch this clip every time it’s posted. I wish there were real people that talked like this.
Although I’m not a lawyer, I suspect this analysis is correct because it is completely depressing and so matches up perfectly with reality.
Portugal has one of the best golden visa programs in Western Europe.
Thanks for the tip
Yep consenting adults being romantically involved is not an affair.
Actually, yes it was an affair. They started having a romantic relationship in 2019, and he was married until 2021. That’s the literal definition of an affair. They also snuck around to hotel rooms and played all sorts of shell games with money to cover it up. They freely admitted it all on the stand, and even after that the judge still doesn’t believe they were fully forthcoming.
With that said…yes, they are consenting adults. Yes, their affair has absolutely nothing to do with Trump’s case. But that’s actually kinda the point. Regardless of the cases before her, she engaged in unethical (at best) conduct, was not forthcoming under testimony, and should consider herself lucky if she doesn’t get disbarred. If she weren’t the one who was the lead on the Trump case, I’d be willing to bet there would be a lot less support for her and a lot more calls for her resignation. She is likely benefitting because others don’t want to see the Trump case fall apart entirely by having her removed.
That case is, far and away, the biggest case that she will have in her career. Probably the biggest and most consequential case in US history. In a case of this magnitude, you get one shot. You cross every T, dot every I. You engage in exactly fucking nothing that would even tangentally affect this case or hint at even a whiff of impropriety. To take on this case while engaging in that kind of unethical (if not outright illegal) conduct just shows hubris, a complete lack of judgement, and a complete disregard for the importance of the case that she herself brought or the impact that her actions could have on her career, the case, and even the country as a whole.
Professional fallout? Trump will make them a supreme Court member for this.
I don’t know much about the US legal system, but I don’t understand how this affair has any bearing on the legitimacy of the case being brought against Trump?
I presume Fani Willis could be removed, but the case against Trump would still continue under a new DA?
It doesn’t. From Trump’s point of view, this was the equivalent of Trump standing at Mar-a-Lago, trying to score a hole in one on a golf course in New York by hitting the ball by way of Tokyo and just hoping the wind shifts direction, and actually hitting it. Her affair itself has absolutely zero bearing on the Trump case, but the facts that have been unearthed surrounding the affair have brought her general ethics and motives into question. This is typically the death knell of a lawyer’s career.
It assumes a number of things:
Could Smith split the pile of stolen files in half and simply pursue charges on half the files? Assuming jeopardy is attached on the case for the first traunch of the files and Trump is found innocent because of Cannon’s trickery, Smith could then file a new case with the second traunch of the files and no jeopardy from the prior trial would apply because he’d be seeking prosecution on “new” files?
Only if the cases are separate criminal acts. If I murder someone in Philadelphia and six months later, I murder someone else in Pittsburgh, the DA can prosecute me for one of the two murders and keep the other case in his back pocket in case something goes wrong to ensure that I stay in jail.
But let’s say I only killed one person. On a typical murder charge, there’s usually a small list of felonies (Murder, assault, illegal weapon possession, civil rights violations, etc. etc. etc.). The DA can’t bring a weak case against me for murder, then decide to try again and charge me for a weapons violation in order to keep me in jail, and then an assault charge if that fails too, etc. That is essentially an end-run around double jeopardy and is explicitly forbidden. If it weren’t, the double jeopardy protections of the 5th amendment would cease to exist as the lawyer could just divvy up the charges among an endless stream of cases until something finally sticks.