Cannon seemed to invite Trump to raise the argument again at trial, where Jack Smith can’t appeal, expert says

U.S. District Judge Aileen Cannon on Thursday rejected one of former President Donald Trump’s motions to dismiss his classified documents case.

Cannon shot down Trump’s motion arguing that the Espionage Act is unconstitutionally vague when applied to a former president.

Cannon after a daylong hearing issued an order saying some of Trump’s arguments warrant “serious consideration” but wrote that no judge has ever found the statute unconstitutional. Cannon said that “rather than prematurely decide now,” she denied the motion so it could be “raised as appropriate in connection with jury-instruction briefing and/or other appropriate motions.”

“The Judge’s ruling was virtually incomprehensible, even to those of us who speak ‘legal’ as our native language,” former U.S. Attorney Joyce Vance wrote on Substack, calling part of her ruling “deliberately dumb.”

“The good news here is temporary,” Vance wrote. “It’s what I’d call an ugly win for the government. The Judge dismissed the vagueness argument—but just for today. She did it ‘without prejudice,’ which means that Trump’s lawyers could raise the argument again later in the case. In fact, the Judge seemed to do just that in her order, essentially inviting the defense to raise the argument again at trial.”

  • A_Random_Idiot@lemmy.world
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    9 months ago

    Remember when Hilary threw the election away by not even campaigning in what were otherwise secure democratic states that she lost, and how she spent so much time giving secret talks to rich people and corporations behind security and white noise generators, and generally did everything she could to be unlikable? and if she had put in even the slighest modicum of effort, she’d be the president we complained about instead of the Trump horror show despite of all of Russias interference and bullshit?

    • jjjalljs@ttrpg.network
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      9 months ago

      I mean all of that might be true but I still put a lot of blame on the assholes who voted for trump.

      Sometimes we act like only Democrats have agency, and Republicans are just like a force of nature. Like a fire that burns without thought or a bear that mauls because that’s what bears do. But they’re still people and they could have chosen something else.

      Trump supporters are at fault.

      “Clinton didn’t come to my state and make me feel special” is not an acceptable justification for supporting the catastrofuck that is trump.

      • A_Random_Idiot@lemmy.world
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        9 months ago

        Its not “Clinton didnt come to my state and make me feel special”

        its

        “Clinton didnt go to these states, to engage with her base and share with them her vision, plans, goals, etc, Which allowed just enough to be swayed by those that did

        • jjjalljs@ttrpg.network
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          9 months ago

          If this was 1840 I’d be more convinced. We have the internet. We’ve had radio for a hundred years. You shouldn’t need to go to a rally to know what a major politican’s visions, plans, goals, etc, are.

          “I felt ignored” is a stupid emotional response, but I can understand it, kind of. Sometimes I’m petty, too. Feeling so ignored that you vote for trump is inexcusable, though. I don’t think I’d excuse shirking your civic duty here, either.

          • A_Random_Idiot@lemmy.world
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            9 months ago

            You are sure hung up on this whole “I was ignored” thing.

            Are you, specifically, upset that cause you felt ignored?

            • jjjalljs@ttrpg.network
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              9 months ago

              That’s what I took from the “she didn’t come to my state and share her vision with me, specifically” thing. Or the related "I don’t like being called flyover country ", I guess. Maybe I just don’t get the people in question.

              I live in a major city and don’t feel politically ignored. A little, what do you call it, victim of a tyranny of a minority, sometimes, what with like North and South Dakota having senators.

    • Simon@lemmy.dbzer0.com
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      9 months ago

      Remember when the party fucked over Bernie for an institutionalized candidate who no-one liked instead?

      And if you want to argue that they didn’t have a choice, it’s the difference of 300 delegates in the face of internal organizational opinion that you control. You can’t maintain that it wasn’t a choice. The DNC chose Hilary.

      • btaf45@lemmy.world
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        9 months ago

        for an institutionalized candidate who no-one liked instead?

        How idiotic can you get? If no one liked the nominee she wouldn’t have had the most votes.

        The DNC chose Hilary.

        By “DNC” you mean the voters?

        You can’t maintain that it wasn’t a choice.

        Exactly. Stop pretending it wasn’t the voter’s choice. That is Trump level bullshit. There just wasn’t enough of us voting Bernie.