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Started By
Message
Jack Smith issues veil threats to Judge Cannon
Posted on 4/3/24 at 6:47 pm
Posted on 4/3/24 at 6:47 pm
LINK
Summary:
- The Presidential Records Act means nothing. This is all based on an Obama EO... per Jack Smith.
- But the application for the search warrant on Mar-a-Lago specifically mentions PRA.
- Smith's wants the jury to interpret the language of the law based on Obama's Executive Order not the Presidential Records Act.
- "The tone Smith is taking with Cannon is no longer persuasion but outright threats. Unheard of dynamic btw DOJ and the bench."
- Will go over her head unless she rules in his favor now on jury instructions.
Summary:
- The Presidential Records Act means nothing. This is all based on an Obama EO... per Jack Smith.
- But the application for the search warrant on Mar-a-Lago specifically mentions PRA.
- Smith's wants the jury to interpret the language of the law based on Obama's Executive Order not the Presidential Records Act.
- "The tone Smith is taking with Cannon is no longer persuasion but outright threats. Unheard of dynamic btw DOJ and the bench."
- Will go over her head unless she rules in his favor now on jury instructions.
Posted on 4/3/24 at 6:50 pm to BCreed1
So an EO out weighs an act passed by congress...
Lol
Lol
Posted on 4/3/24 at 6:51 pm to BCreed1
That guy has no place being in charge of anything and shouldn’t be anywhere near the law.
Posted on 4/3/24 at 6:53 pm to BCreed1
she needs to issue a gag order immediately.
Posted on 4/3/24 at 6:53 pm to Madking
quote:
That guy has no place being in charge of anything and shouldn’t be anywhere near the law.
Oh He knows what he is doing. Look if he gets his way, it will nullify congress.
An EO by any president will be law.
Posted on 4/3/24 at 6:54 pm to Jjdoc
quote:
So an EO out weighs an act passed by congress..
Sounds like some Fundamental Change at work….
Posted on 4/3/24 at 6:54 pm to Jjdoc
quote:
So an EO out weighs an act passed by congress...
He wants it to be that way
Posted on 4/3/24 at 6:58 pm to BCreed1
Statute > EO
What is the threat? How will he go over her head?
If it's actually a threat - She should just hold him in contempt, fine him, lock him up for 30 days, and then tell him to see how things go from there.
Don't look to the judiciary to actually fix things though. In the end, the judiciary is Big Gov.
quote:
"The tone Smith is taking with Cannon is no longer persuasion but outright threats. Unheard of dynamic btw DOJ and the bench."
quote:
Will go over her head unless she rules in his favor now on jury instructions.
What is the threat? How will he go over her head?
If it's actually a threat - She should just hold him in contempt, fine him, lock him up for 30 days, and then tell him to see how things go from there.
Don't look to the judiciary to actually fix things though. In the end, the judiciary is Big Gov.
Posted on 4/3/24 at 6:58 pm to BCreed1
quote:
He wants it to be that way
So has every POTUS and every Congress for the last 100 years, unfortunately.
Posted on 4/3/24 at 7:04 pm to POTUS2024
quote:
How will he go over her head?
Seek “mandamus” at the appellate court.
Posted on 4/3/24 at 7:04 pm to BCreed1
Jack deserves two threads he is such a loser.
Posted on 4/3/24 at 7:14 pm to Jjdoc
He is referencing the Espionage Act. Not an EO.
Posted on 4/3/24 at 7:15 pm to bayouboo
No he isn't. He specifically uses that EO
Posted on 4/3/24 at 7:18 pm to POTUS2024
quote:
What is the threat? How will he go over her head?
Appeal to the 11th. Something about mandamus.
Posted on 4/3/24 at 7:18 pm to BCreed1
quote:
An EO by any president will be law.
SCOTUS essentially said this when Trump rescinded DACA.
Posted on 4/3/24 at 7:21 pm to BCreed1
Doing a cursory review of Twitter replies Jack in the MAL docs case has boxed himself into a corner. The judge is not giving him an out. I do not understand the details as of yet. Still trying to figure it out.
Posted on 4/3/24 at 7:29 pm to GumboPot
quote:
Appeal to the 11th. Something about mandamus.
Thanks.
This doesn't seem like the proper time for Smith to pursue a writ of mandamus unless he has judge-shopped and knows he can get one.
Even if he gets one, this judge should refuse to follow it. If Trump were to win in November, this trial would not be complete and it would be moot.
From the Legal Information Institute:
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist. Court For D.C. (2004).According to the U.S. Department of Justice, "Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance."
Mandamus at the Federal Level
In federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct their earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.
The All Writs Act (28 U.S. Code § 1651) gave the "Supreme Court and all courts established by Act of Congress" the authority to issue writs of mandamus "in aid of their respective jurisdictions and agreeable to the usages and principles of law."
Further, 28 U.S. Code § 1361 gave federal district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff."
Posted on 4/3/24 at 7:37 pm to Jjdoc
He references both in his reply.
Posted on 4/3/24 at 7:53 pm to BCreed1
Wouldn’t that EO Obama made be also useful against Biden?
Posted on 4/3/24 at 7:56 pm to Jjdoc
The language in process shows PRA and nothing about EO
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