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Jack Smith issues veil threats to Judge Cannon

Posted on 4/3/24 at 6:47 pm
Posted by BCreed1
Alabama
Member since Jan 2024
1056 posts
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.
Posted by Jjdoc
Cali
Member since Mar 2016
53468 posts
Posted on 4/3/24 at 6:50 pm to
So an EO out weighs an act passed by congress...

Lol
Posted by Madking
Member since Apr 2016
47859 posts
Posted on 4/3/24 at 6:51 pm to
That guy has no place being in charge of anything and shouldn’t be anywhere near the law.
Posted by Rebel
Graceland
Member since Jan 2005
131373 posts
Posted on 4/3/24 at 6:53 pm to
she needs to issue a gag order immediately.
Posted by BCreed1
Alabama
Member since Jan 2024
1056 posts
Posted on 4/3/24 at 6:53 pm to
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 by Great Plains Drifter
Member since Jul 2019
4387 posts
Posted on 4/3/24 at 6:54 pm to
quote:

So an EO out weighs an act passed by congress..


Sounds like some Fundamental Change at work….
Posted by BCreed1
Alabama
Member since Jan 2024
1056 posts
Posted on 4/3/24 at 6:54 pm to
quote:

So an EO out weighs an act passed by congress...


He wants it to be that way
Posted by POTUS2024
Member since Nov 2022
11110 posts
Posted on 4/3/24 at 6:58 pm to
Statute > EO

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 by Indefatigable
Member since Jan 2019
26207 posts
Posted on 4/3/24 at 6:58 pm to
quote:

He wants it to be that way

So has every POTUS and every Congress for the last 100 years, unfortunately.
Posted by BCreed1
Alabama
Member since Jan 2024
1056 posts
Posted on 4/3/24 at 7:04 pm to
quote:

How will he go over her head?


Seek “mandamus” at the appellate court.
Posted by cajunangelle
Member since Oct 2012
146714 posts
Posted on 4/3/24 at 7:04 pm to
Jack deserves two threads he is such a loser.
Posted by bayouboo
Member since Jan 2007
2221 posts
Posted on 4/3/24 at 7:14 pm to
He is referencing the Espionage Act. Not an EO.
Posted by Jjdoc
Cali
Member since Mar 2016
53468 posts
Posted on 4/3/24 at 7:15 pm to
No he isn't. He specifically uses that EO
Posted by GumboPot
Member since Mar 2009
118761 posts
Posted on 4/3/24 at 7:18 pm to
quote:

What is the threat? How will he go over her head?


Appeal to the 11th. Something about mandamus.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98747 posts
Posted on 4/3/24 at 7:18 pm to
quote:

An EO by any president will be law.


SCOTUS essentially said this when Trump rescinded DACA.
Posted by GumboPot
Member since Mar 2009
118761 posts
Posted on 4/3/24 at 7:21 pm to
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 by POTUS2024
Member since Nov 2022
11110 posts
Posted on 4/3/24 at 7:29 pm to
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 by bayouboo
Member since Jan 2007
2221 posts
Posted on 4/3/24 at 7:37 pm to
He references both in his reply.
Posted by Nosevens
Member since Apr 2019
10295 posts
Posted on 4/3/24 at 7:53 pm to
Wouldn’t that EO Obama made be also useful against Biden?
Posted by Nosevens
Member since Apr 2019
10295 posts
Posted on 4/3/24 at 7:56 pm to
The language in process shows PRA and nothing about EO
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