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Judge: Jury Sees Secret Files or Trump Wins

Posted on 3/19/24 at 7:10 am
Posted by WPBTiger
Parts Unknown
Member since Nov 2011
30890 posts
Posted on 3/19/24 at 7:10 am
LINK

quote:

But as she has done repeatedly, Cannon used this otherwise innocuous legal step as yet another way to swing the case wildly in favor of the man who appointed her while he was president.

Department of Justice Special Counsel Jack Smith must now choose whether to allow jurors at the upcoming criminal trial to peruse the many classified records found at the former president’s South Florida mansion or give jurors instructions that would effectively order them to acquit him.


quote:

Cannon’s evening order alerted federal prosecutors and Trump’s legal team that they “must engage with the following competing scenarios” when considering whether Trump can be charged with “unauthorized possession”: Either “a jury is permitted to examine” every record a former president swipes and claims as “personal” to determine whether it is, or jurors must be told that “a president has sole authority… to categorize records as personal or presidential during his/her presidency.”

The first option would require Smith to allow any of the randomly called potential jurors in this rural stretch of South Florida to suddenly have access to what prosecutors have described as extremely alarming national secrets. The second option would essentially force jurors to acquit the former president of wrongdoing, given that they’d be told he had unquestionable authority to assert personal ownership over any government document within his reach—a self-justifying rule outside of anyone’s review.
Posted by TBoy
Kalamazoo
Member since Dec 2007
23659 posts
Posted on 3/19/24 at 7:14 am to
Show them to the jurors under controlled circumstances. That isn’t terribly difficult. But they should also monitor the jurors to see if they have any improper contacts with outside agents. Advise the jurors that all of this is going on, and get on with it.
Posted by Dirk Dawgler
Where I Am
Member since Nov 2011
2479 posts
Posted on 3/19/24 at 7:14 am to
Good Cannon.
Posted by Timeoday
Easter Island
Member since Aug 2020
8431 posts
Posted on 3/19/24 at 7:15 am to
That is one hell of a box Jackie finds himself in.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421771 posts
Posted on 3/19/24 at 7:18 am to
It's refreshing to see the Daily Beast writes almost on the level of the Gateway Pundit, these days.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51488 posts
Posted on 3/19/24 at 7:20 am to
This just makes sense. We know the intel community is heavy-handed with marking materials with security clearance levels. A jury can't possibly be expected to make an informed decision if part of the "evidence" is locked away with only "trust us, it's there and it's bad" as the only thing for them to go on.
Posted by CleverUserName
Member since Oct 2016
12520 posts
Posted on 3/19/24 at 7:28 am to
quote:

Show them to the jurors under controlled circumstances. That isn’t terribly difficult.


Gee? I wonder why they didn’t think of just not handing the documents out like circus flyers in the hall of the courthouse??

The problem here, genius, is the jurors do not have authority to view the documents. They are either secrets that would compromise national security… or they aren’t. The matter in which you disclose them isn’t the issue. It’s WHO you disclose them to.
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39861 posts
Posted on 3/19/24 at 7:28 am to
The journalistic bias in those paragraphs is astounding.

That said, I love the story lol
Posted by Longdriver98
Alpharetta, GA
Member since Nov 2005
3067 posts
Posted on 3/19/24 at 7:29 am to
Haha, What's Obama and Biden going to do now? Would love to see the White House visitor logs for the next sat 2-3 weeks.

Jack Smith probably has 6 visits scheduled.
Posted by Lsut81
Member since Jun 2005
80101 posts
Posted on 3/19/24 at 7:30 am to
quote:

But they should also monitor the jurors to see if they have any improper contacts with outside agents.


So basically change the jury selection process?

Prosecutors only get to disqualify a certain number of individuals, just like the defense. You're saying that the prosecution should be able to nitpick as many as they want and not the defense.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421771 posts
Posted on 3/19/24 at 7:32 am to
quote:

We know the intel community is heavy-handed with marking materials with security clearance levels. A jury can't possibly be expected to make an informed decision if part of the "evidence" is locked away with only "trust us, it's there and it's bad" as the only thing for them to go on.

If there is not a dispute a document has a status of being classified, then this isn't that big of a deal.

I believe there are procedures to permit jurors to view this information, regardless. This isn't the first classified documents case in American history. There are procedures and precedents for the trial process.
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39861 posts
Posted on 3/19/24 at 7:33 am to
quote:

That is one hell of a box Jackie finds himself in.


Not really, they’ve got to show them incredibly redacted docs that look like:


JOINT CHIEFS OF STAFF
SPECIAL BRIEFING


NATIONAL SECURITY BRIEF

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXorangeXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXmanXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXbadXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Posted by OceanMan
Member since Mar 2010
19971 posts
Posted on 3/19/24 at 7:47 am to
So the only way to convict him for having documents so secret that nobody should see, is to show people those documents.
Posted by novabill
Crossville, TN
Member since Sep 2005
10435 posts
Posted on 3/19/24 at 7:49 am to
quote:

Gee? I wonder why they didn’t think of just not handing the documents out like circus flyers in the hall of the courthouse??

The problem here, genius, is the jurors do not have authority to view the documents. They are either secrets that would compromise national security… or they aren’t. The matter in which you disclose them isn’t the issue. It’s WHO you disclose them to.


So, the jury is supposed to take tye Government's word on the content of the documents? The same Government that is doing everything in its power to keep this man from becoming President again?
Posted by imjustafatkid
Alabama
Member since Dec 2011
50308 posts
Posted on 3/19/24 at 7:49 am to
quote:

another way to swing the case wildly in favor of the man who appointed her while he was president.




Imagine this being your take in an article about the jury needing to see evidence in a case they will decide on.

ETA:

quote:

Either “a jury is permitted to examine” every record a former president swipes and claims as “personal” to determine whether it is, or jurors must be told that “a president has sole authority… to categorize records as personal or presidential during his/her presidency.”


Honestly, both of these things should be done anyway.
This post was edited on 3/19/24 at 7:53 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98494 posts
Posted on 3/19/24 at 7:50 am to
Guess we're about to see JUST how important national security is to Smith.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79617 posts
Posted on 3/19/24 at 7:52 am to
quote:

Guess we're about to see JUST how important national security is to Smith.


If those documents are (as suspected) about Crossfire Hurricane, Jack is in a bit of a pickle.
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
34609 posts
Posted on 3/19/24 at 7:54 am to
Imagine a media outlets saying this about a Biden or Obama appointee
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421771 posts
Posted on 3/19/24 at 7:54 am to
quote:

If those documents are (as suspected) about Crossfire Hurricane

I'll take that bet
Posted by CleverUserName
Member since Oct 2016
12520 posts
Posted on 3/19/24 at 7:57 am to
quote:

So, the jury is supposed to take tye Government's word on the content of the documents? The same Government that is doing everything in its power to keep this man from becoming President again?


That’s the new conundrum for the prosecutor.

If they don’t show… they cannot just “pinkie swear” as to the contents.

If they do show them to people with not so much as the lowest form of clearance… how sensitive were they supposed to be again??


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