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		<title>DOJ aims to keep Trump from intervening in Mar-a-Lago case</title>
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		<pubDate>Fri, 17 Jan 2025 05:24:52 +0000</pubDate>
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					<description><![CDATA[<p>Left: FILE – Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington (AP Photo/J. Scott Applewhite, File). Center: U.S. District Judge Aileen Cannon (U.S. District Court for the Southern District of Florida). Right: Donald Trump [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/doj-aims-to-keep-trump-from-intervening-in-mar-a-lago-case/">DOJ aims to keep Trump from intervening in Mar-a-Lago case</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_500391" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-500391" class="size-full wp-image-500391" src="https://am21.mediaite.com/lc/cnt/uploads/2025/01/Jack-Smith-Aileen-Cannon-Donald-Trump.jpg" alt="Left: FILE - Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington (AP Photo/J. Scott Applewhite, File). Center: U.S. District Judge Aileen Cannon (U.S. District Court for the Southern District of Florida). Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool)." width="1200" height="627"/></p>
<p id="caption-attachment-500391" class="wp-caption-text">Left: FILE – Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington (AP Photo/J. Scott Applewhite, File). Center: U.S. District Judge Aileen Cannon (U.S. District Court for the Southern District of Florida). Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool).</p>
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<p>The U.S. Department of Justice on Thursday aimed to keep President-elect <a href="https://lawandcrime.com/high-profile/nothing-more-than-a-bullying-effort-central-park-five-seek-to-keep-aclu-free-speech-advocates-from-weighing-in-on-defamation-lawsuit-against-trump/" target="_blank" rel="noopener">Donald Trump</a> from intervening in the criminal case against his former co-defendants in the <a href="https://lawandcrime.com/high-profile/the-people-have-a-right-to-know-democrats-urge-garland-to-drop-tangential-charges-against-trump-mar-a-lago-co-defendants-so-jack-smith-report-can-be-released-in-full/" target="_blank" rel="noopener">Mar-a-Lago</a> documents matter.</p>
<p>Technically, the extant proceedings concern Waltine “Walt” Nauta, Trump’s personal valet, and Carlos de Oliveira, Mar-a-Lago’s chief of maintenance, both of whom face federal charges. Those charges, however, are almost certain – and widely expected – to be dropped by the incoming Trump administration in a matter of days.</p>
<p>What remains is a time-limited dispute about whether or not a federal judge should allow the limited release of the second volume of former special counsel Jack Smith’s final report on his Trump investigations.</p>
<p>Earlier this month, <a href="https://lawandcrime.com/tag/u-s-district-judge-aileen-cannon/" target="_blank" rel="noopener">U.S. District Judge Aileen Cannon</a> set a hearing for Jan. 17 to deal with the remaining issues related to the report.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>After that hearing, there is the real possibility the second volume of Smith’s final report could be released to the chairs and ranking members of the House and Senate Judiciary Committees.</p>
<p>And, according to DOJ attorneys, that’s the only issue left after weeks of legal jockeying for position and concomitant court orders.</p>
<p>On Jan. 7, <a href="https://lawandcrime.com/high-profile/pathetically-transparent-tirade-trump-asks-cannon-to-block-release-of-special-counsel-report-as-lawyers-call-smith-a-rogue-actor-with-a-vendetta/" target="_blank" rel="noopener">Trump filed his motion to intervene</a> in the case – rubbishing Smith and the effort to publicize the report in no uncertain terms.</p>
<p>“Releasing the Final Report is also improper because this is not Smith’s case anymore; he has been disqualified by a court of law and is now proceeding as a rogue actor with a personal and political vendetta against the Defendants,” the motion says. “Our system simply does not allow a disqualified prosecutor to withdraw from an unlawful appeal only then to embark on a media mudslinging tour through the issuance of a highly detailed and one-sided press release describing the events charged in the superseding indictment and the Government’s theory of prosecution as it relates to those events.”</p>
<p>In the week and two days since, however, several issues were made moot. And, the DOJ itself took on the mantle of the party interested in having the full report, inclusive of the second volume, released.</p>
<p><a href="https://lawandcrime.com/high-profile/jack-smith-asks-11th-circuit-to-keep-mar-a-lago-case-alive-even-without-trump-in-the-name-of-common-sense/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: Jack Smith asks 11th Circuit to keep Mar-a-Lago case alive even without Trump — in the name of ‘common sense’</strong></a></p>
<p>As the case moved up the appellate ladder in a relatively quick fashion, <a href="https://lawandcrime.com/high-profile/an-effort-to-evade-judicial-rules-and-process-mar-a-lago-co-defendants-accuse-government-of-highly-prejudicial-dirty-tricks-in-bid-to-release-jack-smiths-final-report/" target="_blank" rel="noopener">Nauta and De Oliveira claimed</a> the government was, essentially, waging a dirty tricks campaign and trying to game the judicial system. The co-defendants further accused the DOJ of moving to publicize a report that would jeopardize their constitutional rights.</p>
<p>The steady march of motions and orders, and orders and motions, and the resulting paring-down of live disputes, was remarked upon in the government’s <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.710.0_1.pdf" target="_blank" rel="noopener">opposition to Trump’s motion for leave to intervene</a>.</p>
<p>“Since President-elect Trump submitted his Motion for Leave to Intervene, this Court has denied Defendants’ motion for emergency relief as to Volume One,” the motion reads. “Additionally, as the Court has noted, the Department of Justice has agreed that the Attorney General should not release Volume Two to the public while Defendants’ criminal cases remain pending. Accordingly, the sole issue still pending before this Court—and therefore the sole issue on which any intervention must focus—is the question of whether the Court should enjoin the Attorney General from allowing the Chairmen and Ranking Members of the Senate and House Judiciary Committees to review Volume Two in camera, under conditions designed to protect against any material risk of prejudice to the remaining criminal defendants.”</p>
<p><a href="https://lawandcrime.com/high-profile/the-people-have-a-right-to-know-democrats-urge-garland-to-drop-tangential-charges-against-trump-mar-a-lago-co-defendants-so-jack-smith-report-can-be-released-in-full/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘The people have a right to know’: Democrats urge Garland to drop ‘tangential’ charges against Trump Mar-a-Lago co-defendants so Jack Smith report can be released in full</strong></a></p>
<p>And on that last issue, the government claims, Trump simply has no good reason for his attempt to take part in further arguments.</p>
<p>“The case law provides for intervention in criminal cases only in limited circumstances,” the motion goes on. “Some cases limit intervention to situations in which a third party’s constitutional or other federal rights are implicated by the resolution of a particular motion raised in the case, while others look to whether a would-be intervenor has a legitimate interest that he cannot protect without becoming a party. Neither standard can be satisfied here—the Motion for Leave to Intervene identifies no constitutional or other federal right that could justify intervention in this case. Nor can the President-elect establish that he cannot protect his rights without becoming a party to this action.”</p>
<p>To hear the government tell it, the remaining controversy before Cannon just does not have anything to do with any of Trump’s rights – constitutional or federal. And, the government also says, if Trump really wants to keep the second volume of the report from seeing the light of day, he has chosen the wrong procedural vehicle.</p>
<p>“[I]ntervention is unnecessary here, as the Defendants in the case are seeking the identical relief on which the intervention is predicated,” the motion continues. “If the President-elect seeks to prevent the Chairmen and Ranking Members of the House and Senate Judiciary Committees from being permitted limited access to Volume Two of the Final Report, he could file his own civil action requesting that relief.”</p>
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<p>The post <a href="https://homesafetytechpros.com/doj-aims-to-keep-trump-from-intervening-in-mar-a-lago-case/">DOJ aims to keep Trump from intervening in Mar-a-Lago case</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Republican AGs say Jack Smith&#8217;s office is unconstitutional</title>
		<link>https://homesafetytechpros.com/republican-ags-say-jack-smiths-office-is-unconstitutional/</link>
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		<pubDate>Sat, 02 Nov 2024 21:33:06 +0000</pubDate>
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					<description><![CDATA[<p>Left: Special Counsel Jack Smith speaks about an August 2023 indictment of former President Donald Trump at a DOJ office in Washington (AP Photo/J. Scott Applewhite, File). Center: President Joe Biden delivers remarks on lowering the cost of prescription drugs, at NHTI Concord Community College, Tuesday, Oct. 22, 2024, in Concord, N.H. (AP Photo/Steven Senne). [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/republican-ags-say-jack-smiths-office-is-unconstitutional/">Republican AGs say Jack Smith&#8217;s office is unconstitutional</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_488303" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-488303" class="size-full wp-image-488303" src="https://am21.mediaite.com/lc/cnt/uploads/2024/10/Smith-Biden-Trump.jpg" alt="Jack Smith, on the left; Joe Biden, in the middle; Donald Trump, on the right." width="1200" height="627"/></p>
<p id="caption-attachment-488303" class="wp-caption-text">Left: Special Counsel Jack Smith speaks about an August 2023 indictment of former President Donald Trump at a DOJ office in Washington (AP Photo/J. Scott Applewhite, File). Center: President Joe Biden delivers remarks on lowering the cost of prescription drugs, at NHTI Concord Community College, Tuesday, Oct. 22, 2024, in Concord, N.H. (AP Photo/Steven Senne). Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool).</p>
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<p>In something not entirely unlike an “all hands” call to action, Republican attorneys general from 20 different states are now trying to convince a federal court of appeals that the <a href="https://lawandcrime.com/tag/mar-a-lago/" target="_blank" rel="noopener">Mar-a-Lago</a> documents indictment against <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">Donald Trump</a> should remain dismissed.</p>
<p>The <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca11.87822/gov.uscourts.ca11.87822.52.0.pdf" target="_blank" rel="noopener">33-page amici curiae — or friends of the court — filing</a> was submitted late Friday with the U.S. Court of Appeals for the 11th Circuit. The motion purports to represent the states of Florida, Iowa, Alabama, Alaska, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, And West Virginia.</p>
<p>In yet another iteration of a sustained legal pile-on, the brief argues special counsel <a href="https://lawandcrime.com/tag/jack-smith/" target="_blank" rel="noopener">Jack Smith</a> was appointed to his position “unlawfully” — in violation of strong, time-honored executive, or presidential, authority.</p>
<p>“[U]nlike a U.S. Attorney, Smith faces next-to-zero presidential accountability,” the brief reads. “He was not appointed by the President and confirmed by the Senate. Nor is he subject to the plenary supervision of an official who was.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The GOP elected officials say their constitutional argument is distinct from extant similar arguments — including those already made by the defense — that have to do with the Appointments Clause (and the closely-related Appropriations Clause.)</p>
<p>“Smith acted under regulations that authorize the exercise of core executive power unguided by the plenary control of the President or any principal officer accountable to him,” the motion reads. “Because those regulations violate Article II of the Constitution, Smith’s actions under them are invalid.”</p>
<p>As <a href="https://lawandcrime.com/high-profile/correctly-dismissed-the-indictment-lawyers-professors-and-former-prosecutor-go-to-bat-for-trump-in-11th-circuit-filing-saying-mar-a-lago-judge-did-nothing-wrong/" target="_blank" rel="noopener">Law&amp;Crime previously reported</a>, including once <a href="https://lawandcrime.com/high-profile/special-counsel-smith-answers-to-no-one-attorneys-who-represented-trump-during-mueller-probe-look-to-kneecap-mar-a-lago-case-with-an-assist-from-antonin-scalia/" target="_blank" rel="noopener">earlier on Saturday</a>, the amici’s arguments here are one more among many such efforts; on at least two federal dockets; and they are essentially a replay of a battle between various amici groups when the Mar-a-Lago case was being overseen by U.S. District Judge Aileen Cannon.</p>
<p>That fight began with Trump’s own defense citing the clauses in a February motion to dismiss. Then, right-of-center groups, law professors, and legal scholars argued against Smith’s appointment in a deluge of motions practice allowed by the district court. Oppositely, left-of-center law professors, historians, and legal scholars argued Smith was validly — and non-controversially — exercising his authority.</p>
<p><a href="https://lawandcrime.com/high-profile/the-challenged-appointment-must-be-invalidated-conservative-nonprofits-join-the-fight-against-jack-smith-in-11th-circuit-to-try-and-affirm-mar-a-lago-case-dismissal/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘The challenged appointment must be invalidated’: Conservative nonprofits join the fight against Jack Smith in 11th Circuit to try and affirm Mar-a-Lago case dismissal</strong></a></p>
<p>The lower court, of course, <a href="https://lawandcrime.com/high-profile/after-careful-study-judge-cannon-throws-out-trumps-mar-a-lago-indictment-and-finds-ag-merrick-garland-unlawfully-appointed-jack-smith-as-special-counsel/" target="_blank" rel="noopener">famously ordered a kibosh</a> on proceedings <a href="https://lawandcrime.com/high-profile/judge-cannon-repeatedly-cites-clarence-thomas-and-his-solo-concurrence-in-scotus-presidential-immunity-to-justify-dismissing-trumps-mar-a-lago-indictment/" target="_blank" rel="noopener">based on that novel understanding</a> of the Appointments Clause of the U.S. Constitution advanced by Supreme Court Justice Clarence Thomas.</p>
<p>The analysis offered by Thomas came in the landmark ruling where Chief Justice John Roberts issued a broad grant of <a href="https://lawandcrime.com/supreme-court/the-president-is-now-a-king-above-the-law-sotomayor-dissent-in-trump-immunity-case-accuses-majority-of-judicial-activism-in-twisted-opinion-that-has-no-basis-in-law/" target="_blank" rel="noopener">presidential immunity</a> to Trump.</p>
<p>Thomas was the only justice to cite the long-simmering Appointments Clause issue in an unfavorable light for the government in any of the opinions attached to Trump v. United States. <a href="https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf" target="_blank" rel="noopener">The majority opinion</a> actually lists several ways in which the appointments power inures to the executive’s benefit. Thomas was also the only justice to mention the phrase “Appointments Clause” directly.</p>
<p><a href="https://lawandcrime.com/high-profile/misunderstand-the-statutes-grammatical-construction-jack-smith-appeals-trump-mar-a-lago-case-with-blistering-attack-on-judge-cannon-dismissal-including-an-assist-from-justice-kavanaugh/" target="_blank" rel="noopener">In August</a>, Smith filed his opening salvo in a bid to resuscitate the long-beleaguered case. Since then, the 45th president has <a href="https://lawandcrime.com/high-profile/unlawful-crusade-trump-moves-to-affirm-mar-a-lago-case-dismissal-by-blasting-biden-over-lock-him-up-comment-and-attacking-jack-smiths-authority-as-unpersuasive-dictum/" target="_blank" rel="noopener">raised the clauses</a> in an effort to affirm the lower court’s dismissal of the case.</p>
<p>In the present motion, the Republican AGs are offering another separation of powers argument — though one that differs substantially from others that have previously been made before the 11th Circuit. The clauses-related arguments which have largely been essayed thus far in the case implicate the same field of constitutional theory but are not quite the same as what the attorneys general are saying here.</p>
<p>“[I]nherent in Article II’s vesting of the executive power in the President is the authority to control, and if necessary, remove subordinate executive officials at will,” the motion reads.</p>
<p>That, however, is not what Attorney General Merrick Garland purported to create when he imbued Smith with his title and power.</p>
<p>“Indeed, the avowed purpose of Special Counsel Smith’s appointment was to remove responsibility — and thus political accountability — for the investigations and prosecutions under his purview from the current Administration,” the brief continues.</p>
<p>And, the AGs argue, this precise effort to keep Smith wholly independent from the Biden administration has created something of an unconstitutional Frankenstein’s monster.</p>
<p>“The result: A single executive officer now unilaterally resolves massively consequential, politically fraught issues like whether to indict a former president and current presidential candidate and what position the United States will take as to whether and to what extent a President enjoys immunity from criminal prosecution,” the brief goes on. “Article II does not give the Attorney General the authority to vest the executive power in Jack Smith.”</p>
<p>The motion offers an analogy to make their point:</p>
<blockquote>
<p>No department head in the Executive Branch has the authority to do what the Attorney General has done in the special-counsel regulations. The Attorney General may no more create a new prosecutorial unit in the Department of Justice and place it under the control of a tenure-protected special counsel than may the Secretary of Defense create a new branch of the military and place it under the control of a tenure-protected branch chief. That would remain true even if the reason the Secretary did so was that the President had a conflict of interest because, for example, his son was a member of that branch deployed in a combat zone.</p>
</blockquote>
<p>“It makes no difference if the President acquiesced in the relevant regulations at the time they were promulgated,” the brief continues. “A President is of course free to take a hands-off approach ‘in his dealings with subordinates,’ but he may not ‘bind his successors by diminishing their powers, nor can he escape responsibility for his choices by pretending that they are not his own.’ The Attorney General cannot do so either.”</p>
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		<title>Pro-Trump groups join fight against Jack Smith appointment</title>
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		<pubDate>Sat, 02 Nov 2024 13:08:03 +0000</pubDate>
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					<description><![CDATA[<p>Left: Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/Jacquelyn Martin, File). Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool). The battle over [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/pro-trump-groups-join-fight-against-jack-smith-appointment/">Pro-Trump groups join fight against Jack Smith appointment</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_455932" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-455932" class="size-full wp-image-455932" src="https://am23.mediaite.com/lc/cnt/uploads/2024/05/Smith-Trump.jpg" alt="Jack Smith, on the left; Donald Trump, on the right" width="1200" height="627"/></p>
<p id="caption-attachment-455932" class="wp-caption-text">Left: Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/Jacquelyn Martin, File). Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool).</p>
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<p>The battle over the dismissal of the indictment in the <a href="https://lawandcrime.com/tag/mar-a-lago/" target="_blank" rel="noopener">Mar-a-Lago</a> documents case is heating up in the U.S. Court of Appeals for the <a href="https://lawandcrime.com/tag/eleventh-circuit/" target="_blank" rel="noopener">11th Circuit</a>, as a group of conservative amici curiae, or friends of the court, on Friday argued to maintain the pro-<a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">Donald Trump</a> status quo.</p>
<p>In their <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca11.87822/gov.uscourts.ca11.87822.54.0.pdf" target="_blank" rel="noopener">35-page brief in support of the defendants</a>, several right-wing nonprofit groups — led by 501(c)(3) <a href="https://www.americasfuture.net/" target="_blank" rel="noopener">America’s Future</a> — argue that special counsel <a href="https://lawandcrime.com/tag/jack-smith/" target="_blank" rel="noopener">Jack Smith</a> was unconstitutionally appointed to his position in violation of the appointments and appropriations clauses.</p>
<p>“Because there was no legislation specifically creating an office of Special Counsel when the Attorney General appointed Mr. Smith on November 18, 2022, the challenged appointment must be invalidated because Congress had not established the office of Special Counsel as the Appointments Clause requires,” the filing reads.</p>
<p>As is often the case in the <a href="https://lawandcrime.com/high-profile/mar-a-lago-judge-will-consider-legal-arguments-from-stephen-miller-legal-group-and-federalist-society-co-founder/" target="_blank" rel="noopener">several-months-long litigation</a> over the constitutional vitality of Smith’s appointment, the appropriations clause argument is a knock-on, or derivative, claim. To hear opponents of the special counsel’s office tell it, any spending that occurred after the unlawful appointment is, perforce, also unlawful.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Notably, the appointments and appropriations clauses-related dispute playing out before the court of appeals is almost an exact replica of a prior fight between dueling amici groups when the Mar-a-Lago case was being overseen by U.S. District Judge Aileen Cannon.</p>
<p>That fight began with Trump’s own defense citing the clauses in a February motion to dismiss. Then, right-of-center groups, law professors, and legal scholars argued against Smith’s appointment in a deluge of motions practice allowed by the district court. Oppositely, left-of-center law professors, historians, and legal scholars argued Smith was validly — and non-controversially — exercising his authority.</p>
<p>The lower court, of course, <a href="https://lawandcrime.com/high-profile/after-careful-study-judge-cannon-throws-out-trumps-mar-a-lago-indictment-and-finds-ag-merrick-garland-unlawfully-appointed-jack-smith-as-special-counsel/" target="_blank" rel="noopener">famously ordered a kibosh</a> on proceedings <a href="https://lawandcrime.com/high-profile/judge-cannon-repeatedly-cites-clarence-thomas-and-his-solo-concurrence-in-scotus-presidential-immunity-to-justify-dismissing-trumps-mar-a-lago-indictment/" target="_blank" rel="noopener">based on that novel understanding</a> of the Appointments Clause of the U.S. Constitution advanced by Supreme Court Justice Clarence Thomas.</p>
<p>The analysis offered by Thomas came in the landmark ruling where Chief Justice John Roberts issued a broad grant of <a href="https://lawandcrime.com/supreme-court/the-president-is-now-a-king-above-the-law-sotomayor-dissent-in-trump-immunity-case-accuses-majority-of-judicial-activism-in-twisted-opinion-that-has-no-basis-in-law/" target="_blank" rel="noopener">presidential immunity</a> to Trump.</p>
<p>Thomas was the only justice to cite the long-simmering Appointments Clause issue in an unfavorable light for the government in any of the opinions attached to Trump v. United States. <a href="https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf" target="_blank" rel="noopener">The majority opinion</a> actually lists several ways in which the appointments power inures to the executive’s benefit. Thomas was also the only justice to mention the phrase “Appointments Clause” directly.</p>
<p><a href="https://lawandcrime.com/high-profile/misunderstand-the-statutes-grammatical-construction-jack-smith-appeals-trump-mar-a-lago-case-with-blistering-attack-on-judge-cannon-dismissal-including-an-assist-from-justice-kavanaugh/" target="_blank" rel="noopener">In August</a>, Smith filed his opening salvo in a bid to resuscitate the long-beleaguered case. Since then, the 45th president has <a href="https://lawandcrime.com/high-profile/unlawful-crusade-trump-moves-to-affirm-mar-a-lago-case-dismissal-by-blasting-biden-over-lock-him-up-comment-and-attacking-jack-smiths-authority-as-unpersuasive-dictum/" target="_blank" rel="noopener">raised the clauses</a> in an effort to affirm the lower court’s dismissal of the case.</p>
<p>Now, several of the same amici are back to restate their case before the three-judge panel that will take the first of perhaps several looks at how Cannon squelched the government’s case over the summer.</p>
<p><a href="https://lawandcrime.com/high-profile/correctly-dismissed-the-indictment-lawyers-professors-and-former-prosecutor-go-to-bat-for-trump-in-11th-circuit-filing-saying-mar-a-lago-judge-did-nothing-wrong/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘Correctly dismissed the indictment’: Lawyers, professors, and former prosecutor go to bat for Trump in 11th Circuit filing saying Mar-a-Lago judge did nothing wrong</strong></a></p>
<p>The crux of the amici’s argument is that Smith is “acting as a principal officer” due to the lack of supervision inherent in his job and because his authority is significant enough “to bind the United States as he executes his responsibilities in the two matters that he has been assigned.”</p>
<p>This wide berth, the motion argues, takes the prosecutor well beyond either mere employee or inferior officer status.</p>
<p>The amici’s constitutional argument here goes on, at length:</p>
<blockquote>
<p>The delegation of authority claimed by the Special Counsel presupposes a grant of legislative power to the Attorney General to establish an office of the United States in violation of the Framers’ check on the power of the Executive Branch to create offices by requiring they “be established by Law.” The claimed statutory authority of the Attorney General to create an office that exercises “the full power and independent authority” of a United States Attorney with no effective supervision of or control over the Special Counsel violates the non-delegation doctrine.</p>
</blockquote>
<p>In other words, and in substantially similar arguments oft-advanced in the case so far, the litigants contend Smith’s office is so powerful and imbued with such longevity he should have been appointed under the “Advice and Consent of the Senate” rules — akin to a cabinet position, administrative agency head, or life-appointed federal judge.</p>
<p>And, they argue, there’s really nothing like Smith’s role in U.S. history that actually supports the continued firmness of his position. This argument is a direct rejoined to the government’s claims that the special prosecutor in the Richard Nixon/Watergate scandal — and the concomitant court rulings vindicating that prosecutor — inure to Smith’s benefit.</p>
<p>“This nation’s checkered history of appointing Special Prosecutors, Independent Counsel, and Special Counsel provides no consistent or relevant factual pattern that can overcome the constitutional bar to appointing the Special Counsel to an office which has not been ‘established by Law,&#8221;” the motion argues. “The examples on which Special Counsel Smith relies are inapposite and cannot overcome the express requirement of the Appointments Clause.”</p>
<p><a href="https://lawandcrime.com/high-profile/court-to-consider-former-clinton-investigator-turned-trump-impeachment-lawyers-argument-that-judge-cannon-correctly-dismissed-jack-smiths-mar-a-lago-case/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: Court to consider former Clinton investigator turned Trump impeachment lawyer’s argument that Judge Cannon ‘correctly dismissed’ Jack Smith’s Mar-a-Lago case</strong></a></p>
<p>But, as was the case before the district court, soon other amici will join the appellate fight — for and against the indictment’s dismissal.</p>
<p><em>Have a tip we should know? <a href="http://lawandcrime.com/cdn-cgi/l/email-protection#2b5f425b586b474a5c4a454f485942464e05484446"><span class="__cf_email__" data-cfemail="35415c454675595442545b5156475c58501b565a58">[email protected]</span></a></em></p>
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<p>The post <a href="https://homesafetytechpros.com/pro-trump-groups-join-fight-against-jack-smith-appointment/">Pro-Trump groups join fight against Jack Smith appointment</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Man allegedly threatened federal judge. Is it Aileen Cannon?</title>
		<link>https://homesafetytechpros.com/man-allegedly-threatened-federal-judge-is-it-aileen-cannon/</link>
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		<pubDate>Fri, 04 Oct 2024 18:15:32 +0000</pubDate>
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					<description><![CDATA[<p>Main: An aerial view of former President Donald Trump’s Mar-a-Lago club in Palm Beach, Fla., on Aug. 31, 2022 (AP Photo/Steve Helber/File). Right inset: U.S. District Judge Aileen Cannon (U.S. District Court for the Southern District of Florida). On May 28, months before U.S. District Judge Aileen Cannon dismissed Donald Trump’s Mar-a-Lago classified documents prosecution, [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/man-allegedly-threatened-federal-judge-is-it-aileen-cannon/">Man allegedly threatened federal judge. Is it Aileen Cannon?</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_484626" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-484626" class="size-full wp-image-484626" src="https://am22.mediaite.com/lc/cnt/uploads/2024/10/Cannon2.jpg" alt="Mar-a-Lago, Aileen Cannon" width="1200" height="627"/></p>
<p id="caption-attachment-484626" class="wp-caption-text">Main: An aerial view of former President Donald Trump’s Mar-a-Lago club in Palm Beach, Fla., on Aug. 31, 2022 (AP Photo/Steve Helber/File). Right inset: U.S. District Judge Aileen Cannon (U.S. District Court for the Southern District of Florida).</p>
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<p>On May 28, months before U.S. District Judge Aileen Cannon dismissed <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">Donald Trump’s</a> Mar-a-Lago classified documents prosecution, she handed <a href="https://lawandcrime.com/?s=jack+smith" target="_blank" rel="noopener">Jack Smith</a> a loss, denying the <a href="https://lawandcrime.com/high-profile/judge-cannon-swiftly-shuts-down-jack-smiths-trump-gag-order-request-for-lack-substance-and-courtesy/" target="_blank" rel="noopener">special counsel’s request for a gag order on the former president</a>. That same day, an unsealed federal indictment reveals, an Illinois man with a history of violent offenses allegedly threatened to murder an unnamed federal judge in St. Lucie County, Florida, a county that contains the <a href="https://www.wptv.com/news/political/how-ready-is-fort-pierce-federal-courthouse-for-donald-trumps-trial" target="_blank" rel="noopener">relatively “small”</a> Fort Pierce courthouse where Cannon and a magistrate judge sit.</p>
<p><a href="https://news.bloomberglaw.com/us-law-week/man-charged-with-threatening-judge-in-trump-case-county?context=search&amp;index=0&amp;utm_medium=lawdesk&amp;campaign=FAB360E4-8261-11EF-832D-B4F9C43A07AF&amp;utm_source=twitter" target="_blank" rel="noopener">Bloomberg got the scoop</a> on the case against Eric James Rennert on Friday and reported that the victim in the case could very well be Cannon, considering she is “the only district judge” in St. Lucie County.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>According to the unsealed indictment, Rennert, a 65-year-old from Champaign, Ill., with convictions for theft, domestic battery, and domestic violence over a time period spanning from 1986 to 2011, the first alleged crime was committed on May 25 and it involved a “true threat” to “assault, kidnap, and murder” a federal judge and to “kidnap and injure” that judge’s family with the “intent to retaliate against FEDERAL JUDGE 1 on account of the performance of official duties[.]”</p>
<p>Then, three days later, Rennert allegedly made another threat to kidnap the judge and the judge’s family.</p>
<p>The indictment did not specify what exactly was said, but it did say that the threats resumed again on July 24. Notably, that was <a href="https://lawandcrime.com/high-profile/after-careful-study-judge-cannon-throws-out-trumps-mar-a-lago-indictment-and-finds-ag-merrick-garland-unlawfully-appointed-jack-smith-as-special-counsel/" target="_blank" rel="noopener">nine days after Cannon found</a> Jack Smith was unlawfully appointed as special counsel and ordered the Trump case dismissed.</p>
<p>Bloomberg reported that neither the U.S. District Court for the Southern District of Florida nor the U.S. Attorney’s Office would comment on the case. If it is true that Cannon was the judge targeted, it would not be the first time she has faced threats and someone ended up prosecuted for it.</p>
<p><a href="https://lawandcrime.com/crime/texas-woman-allegedly-claiming-to-be-evelyn-salt-charged-over-disjointed-and-bizarre-voicemails-left-for-judge-aileen-cannon/" target="_blank" rel="noopener">Tiffani Gish</a>, a 50-year-old woman from Texas, was charged in September 2022 for leaving voicemails in Cannon’s chambers claiming to be “in charge of nuclear for the United States Government” and going by the name Evelyn Salt, the name of a character from the 2010 Angelina Jolie movie “Salt,” in which the actress plays a mysterious CIA agent.</p>
<p>“My authority exceeds the POTUS, and what you’re trying to pull is obstruction of justice, as this motherf—er is responsible for 9/11,” one deranged message said. “I’m going to f—ing have you shot myself. I’ve already ordered snipers and a bomb to your f—ing house.”</p>
<p>In another voicemail, Gish vowed to “personally throw a bullet” into the judge’s head in front of her family.</p>
<p>Gish went on to plead guilty in November 2023 and <a href="https://lawandcrime.com/high-profile/stand-the-f-down-or-get-shot-woman-who-threatened-mar-a-lago-judge-in-bizarre-voicemails-about-nukes-and-trump-assassination-woman-who-threatened-mar-a-lago-judge-in-bizarre-voicemails/" target="_blank" rel="noopener">was sentenced in February</a> to serve just over three years in federal prison.</p>
<p>In recent months and years, there has been no shortage of threat cases like these, targeting high-profile Democrats, Republicans, judges, and Supreme Court justices. A sampling:</p>
<blockquote>
<p><strong><a href="https://lawandcrime.com/crime/crosshairs-drawn-on-his-head-jan-6-rioter-back-in-custody-after-threatening-justice-amy-coney-barrett-trump-rico-judge-feds-say/" target="_blank" rel="noopener">Jan. 6 rioter back in custody after threatening Justice Amy Coney Barrett, Trump RICO judge, feds say</a></strong></p>
<p><strong><a href="https://lawandcrime.com/crime/i-will-personally-pluck-out-her-eyes-man-who-threatened-to-light-kamala-harris-on-fire-is-baffled-feds-were-at-his-door-over-a-comment-complaint-alleges/" target="_blank" rel="noopener">Man who threatened to light Kamala Harris on fire is baffled feds were at his door ‘over a comment,’ complaint alleges</a></strong></p>
<p><strong><a href="https://lawandcrime.com/crime/why-is-trump-allowed-to-be-alive-we-need-to-train-patriots-shocking-new-details-of-florida-mans-alleged-threats-to-kill-former-president-and-his-running-mate/" target="_blank" rel="noopener">Shocking new details of Florida man’s alleged threats to kill Trump and his running mate</a></strong></p>
<p><strong><a href="https://lawandcrime.com/crime/should-i-finish-him-off-man-allegedly-threatens-to-slit-joe-bidens-throat-kill-federal-agents/" target="_blank" rel="noopener">Man allegedly threatens to ‘slit joe biden’s throat,’ kill federal agents</a></strong></p>
<p><strong><a href="https://lawandcrime.com/high-profile/moments-when-youre-gonna-be-vulnerable-trump-supporter-admits-to-leaving-threatening-voicemails-for-fani-willis-and-fulton-county-sheriff-over-45th-presidents-mug-shot/" target="_blank" rel="noopener">Trump supporter admits to leaving threatening voicemails for Fani Willis and Fulton County sheriff over 45th president’s mug shot</a></strong></p>
<p><strong><a href="https://lawandcrime.com/high-profile/this-aint-no-threat-its-a-goddamn-promise-man-who-vowed-to-put-a-cap-in-and-stomp-maxine-waters-sentenced/" target="_blank" rel="noopener">Man who vowed to ‘put a cap’ in and ‘stomp’ Maxine Waters sentenced</a></strong></p>
<p><strong><a href="https://lawandcrime.com/high-profile/bomb-threat-made-to-home-of-judge-in-donald-trumps-civil-fraud-trial-on-morning-of-closing-arguments/" target="_blank" rel="noopener">Bomb threat made to home of judge in Donald Trump’s civil fraud trial on morning of closing arguments</a></strong></p>
<p><strong><a href="https://lawandcrime.com/high-profile/hows-the-family-safe-man-threatens-to-slaughter-fbi-special-agent-linked-to-hunter-biden-probe/" target="_blank" rel="noopener">After Hunter Biden conviction, man threatens to ‘slaughter’ FBI special agent linked to laptop probe: Feds</a></strong></p>
<p><strong><a href="https://lawandcrime.com/crime/ill-murder-him-with-my-bare-f-hands-man-who-threatened-to-kill-the-bidens-obama-hillary-clinton-is-sentenced-to-federal-prison/" target="_blank" rel="noopener">Man who threatened to kill the Bidens, Obama, Hillary Clinton is sentenced to federal prison</a></strong></p>
<p><strong><a href="https://lawandcrime.com/crime/ill-f-come-kill-you-anyways-former-google-programmer-gets-prison-for-leaving-voicemail-threatening-to-kill-chief-justice-john-roberts/" target="_blank" rel="noopener">Former Google programmer gets prison for leaving voicemail threatening to kill Chief Justice John Roberts</a></strong></p>
<p><strong><a href="https://lawandcrime.com/crime/im-going-to-shoot-her-in-the-head-self-proclaimed-sniper-charged-with-threatening-to-kill-rep-marjorie-taylor-greene/" target="_blank" rel="noopener">Self proclaimed ‘sniper’ charged with threatening to kill Rep. Marjorie Taylor Greene</a></strong></p>
<p><a href="https://lawandcrime.com/crime/trump-needs-to-die-because-he-was-a-liar-secret-service-notified-after-man-arrested-in-alleged-chair-throwing-fit/" target="_blank" rel="noopener"><strong>Secret Service notified after man arrested in alleged chair-throwing fit says ‘Trump needs to die because he was a liar’</strong></a></p>
</blockquote>
<p><em>Colin Kalmbacher contributed to this report.</em></p>
<p><em>Have a tip we should know? <a href="http://lawandcrime.com/cdn-cgi/l/email-protection#12667b6261527e7365737c7671607b7f773c717d7f"><span class="__cf_email__" data-cfemail="ef9b869f9caf838e988e818b8c9d86828ac18c8082">[email protected]</span></a></em></p>
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		<title>Lawyers, law professors, go to bat for Trump in 11th Circuit</title>
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		<pubDate>Wed, 02 Oct 2024 06:12:44 +0000</pubDate>
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					<description><![CDATA[<p>Left: Donald Trump (AP Photo/Mike Stewart, File). Center: U.S. District Judge Aileen Cannon (U.S. Senate). Right: Special counsel Jack Smith (AP Photo/J. Scott Applewhite, File). In yet another almost-replay of the arguments made before the lower court in Donald Trump’s long-stalled-out Mar-a-Lago case, a group of law professors, legal scholars and a public interest law [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/lawyers-law-professors-go-to-bat-for-trump-in-11th-circuit/">Lawyers, law professors, go to bat for Trump in 11th Circuit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_445039" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-445039" class="size-full wp-image-445039" src="https://am21.mediaite.com/lc/cnt/uploads/2024/03/Trump-Cannon-Smith.jpg" alt="Donald Trump, U.S. District Judge Aileen Cannon, special counsel Jack Smith" width="1200" height="627"/></p>
<p id="caption-attachment-445039" class="wp-caption-text">Left: Donald Trump (AP Photo/Mike Stewart, File). Center: U.S. District Judge Aileen Cannon (U.S. Senate). Right: Special counsel Jack Smith (AP Photo/J. Scott Applewhite, File).</p>
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<p>In yet <a href="https://lawandcrime.com/high-profile/lawyers-law-professors-ex-doj-officials-tell-11th-circuit-that-trumps-dismissed-yet-seemingly-straightforward-mar-a-lago-case-must-be-taken-away-from-judge-cannon/" target="_blank" rel="noopener">another almost-replay</a> of the arguments made before the lower court in Donald Trump’s long-stalled-out Mar-a-Lago case, a group of law professors, legal scholars and a public interest law firm are asking the 11th Circuit Court of Appeals to let them file a brief as <a href="https://lawandcrime.com/?s=amici" target="_blank" rel="noopener">amici</a> curiae (“friends of the court”) — on the defendant’s behalf.</p>
<p>On Tuesday, South Texas College of Law Professor Josh Blackman and Florida lawyer Michael Adam Sasso argued that legal scholar and Professor Seth Barrett Tillman, former prosecutor Robert W. Ray, and the conservative Landmark Legal Foundation should be allowed their say as special counsel Jack Smith looks to reanimate the prosecution.</p>
<p>In a motion for leave to file their brief, the attorneys say it is effectively their clients’ turn to catch the court’s ear — because two groups of pro-prosecution amici were allowed to file their own briefs <a href="https://lawandcrime.com/high-profile/lawyers-law-professors-ex-doj-officials-tell-11th-circuit-that-trumps-dismissed-yet-seemingly-straightforward-mar-a-lago-case-must-be-taken-away-from-judge-cannon/" target="_blank" rel="noopener">late last month</a>. And, they argue, this is not entirely unlike déjà vu: U.S. District Judge Aileen Cannon <a href="https://lawandcrime.com/high-profile/judge-aileen-cannon-allows-lawyers-to-support-and-oppose-trump-motion-to-dismiss-at-hearing-on-jack-smiths-authority/" target="_blank" rel="noopener">allowed all three groups</a> to file briefs in the lower court case and she seriously considered each group <a href="https://lawandcrime.com/high-profile/each-may-file-a-separate-notice-mar-a-lago-judge-gives-trump-and-jack-smith-one-last-chance-to-argue-over-special-counsels-authority-to-prosecute-after-lengthy-hearing/" target="_blank" rel="noopener">during oral arguments</a>.</p>
<p>“These amici advanced arguments that supplemented the positions taken by the Special Counsel and the Defendants,” <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca11.87822/gov.uscourts.ca11.87822.37.1.pdf">the motion</a> reads. “The District Court’s order cited these three amici. Now, as this case continues on appeal, assistance from amici continues. The constitutional lawyers have already filed their brief. And the Ray-Tillman-Landmark Amici now seek leave to file a brief.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>In their <a href="https://lawandcrime.com/high-profile/lawyers-law-professors-ex-doj-officials-tell-11th-circuit-that-trumps-dismissed-yet-seemingly-straightforward-mar-a-lago-case-must-be-taken-away-from-judge-cannon/" target="_blank" rel="noopener">late September briefs</a>, the pro-prosecution amici argued for the appellate court to reverse the dismissal of the Mar-a-Lago prosecution and for the case to be reassigned to another jurist.</p>
<p>In July, after “<a href="https://lawandcrime.com/high-profile/after-careful-study-judge-cannon-throws-out-trumps-mar-a-lago-indictment-and-finds-ag-merrick-garland-unlawfully-appointed-jack-smith-as-special-counsel/" target="_blank" rel="noopener">careful study</a>,” Cannon threw out the case by finding U.S. Attorney General Merrick Garland had unlawfully appointed Smith as special counsel. She favorably cited several sections of <a href="https://lawandcrime.com/high-profile/judge-cannon-repeatedly-cites-clarence-thomas-and-his-solo-concurrence-in-scotus-presidential-immunity-to-justify-dismissing-trumps-mar-a-lago-indictment/" target="_blank" rel="noopener">Justice Clarence Thomas’ concurrence</a> in Trump’s Supreme Court immunity case.</p>
<p>While Smith has not tried to have Cannon removed, the pro-prosecution amici cited several reasons related to the pace of the case and access to certain information in their effort.</p>
<p><a href="https://lawandcrime.com/high-profile/judge-aileen-cannon-allows-lawyers-to-support-and-oppose-trump-motion-to-dismiss-at-hearing-on-jack-smiths-authority/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: Mar-a-Lago judge allows former Scalia clerk, law professor, and attorney for anti-Trump coalition to argue in court over Jack Smith’s power to prosecute</strong></a></p>
<p>The pro-Trump amici, however, largely sidestep the issue of Judge Cannon continuing on the case one way or another — by arguing that the dismissal was properly decided.</p>
<p>“The District Court correctly dismissed the indictment,” the pro-Trump amici argue in their <a href="https://www.documentcloud.org/documents/25180147-ray-tillman-landmark-amici-brief" target="_blank" rel="noopener">48-page Tuesday filing</a>.</p>
<p>The lone reference to the removal effort is in a footnote:</p>
<blockquote>
<p>Judge Cannon carefully parsed the historical record, and read it in a charitable manner toward Smith. This effort to reassign the case, which Smith wisely did not support, is as meritless as the “orchestrated campaign” of frivolous complaints filed against Judge Cannon.</p>
</blockquote>
<p>And that historical record, the brief argues, “is not spotty — it is near-empty” when it comes to outside lawyers hired as special counsels with the kind of power and authority that Smith currently claims.</p>
<p>“Contrary to Smith’s incomplete account, this documentary record shows that during these six presidential administrations, Attorneys General retained outside lawyers as Special Counsels either: (1) to assist a U.S. Attorney with prosecutions, or (2) to assist the Attorney General with an investigation,” the filing reads. “In none of these matters did the Attorney General appoint an outside lawyer as a Special Counsel, and then delegate to him the powers now claimed by Smith: all of the powers of a Senate-confirmed U.S. Attorney.”</p>
<p>And, the potential amici say, Cannon even gave Smith some leeway earlier on. This leeway, they say, was undeserved.</p>
<p>“The District Court understated how weak the historical record is for Smith,” the brief argues.</p>
<p><a href="https://lawandcrime.com/high-profile/lawyers-law-professors-ex-doj-officials-tell-11th-circuit-that-trumps-dismissed-yet-seemingly-straightforward-mar-a-lago-case-must-be-taken-away-from-judge-cannon/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: Lawyers, law professors, ex-DOJ officials tell 11th Circuit that Trump’s dismissed yet ‘seemingly straightforward’ Mar-a-Lago case must be taken away from Judge Cannon</strong></a></p>
<p>In the proposed brief, the would-be amici — who the 11th Circuit has yet to approve — also spend substantial time going after Smith for <a href="https://lawandcrime.com/high-profile/misunderstand-the-statutes-grammatical-construction-jack-smith-appeals-trump-mar-a-lago-case-with-blistering-attack-on-judge-cannon-dismissal-including-an-assist-from-justice-kavanaugh/" target="_blank" rel="noopener">relying on the</a> landmark Supreme Court case of United States v. Nixon.</p>
<p>In that case, the justices found that four particular statutes “vested in” the attorney general “the power to appoint subordinate officers to assist him in the discharge of his duties.” Those same statutes were later used by Garland to imbue Smith with prosecutorial power.</p>
<p>In Cannon’s opinion, however, she dismissed that statement as “dicta” because, among other reasons, the case itself was not about “the Attorney General’s statutory appointment authority or the Appointments Clause more generally.” Trump’s attorneys have indicated they agree the language in Nixon was dicta.</p>
<p>The pro-Trump amici also say the Nixon case should not have any bearing here — but distinguish their arguments somewhat.</p>
<p>“Defendants’ attorneys seek only to show that United States v. Nixon’s contested language is dicta,” the <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca11.87822/gov.uscourts.ca11.87822.37.1.pdf" target="_blank" rel="noopener">motion for leave to file</a> reads. “Ray-Tillman-Landmark, by contrast, seeks to establish that Nixon was a unique decision based on unique facts and a unique statutory and regulatory regime, which is not applicable in the instant litigation.”</p>
<p>In the Nixon decision, the justices, “expressly and repeatedly described the circumstances giving rise to the conflict between Nixon and [Special Prosecutor Leon] Jaworski as unique,” the brief reads.</p>
<p>The amici go on to cite at least four instances in which some permutation of the word “unique” is used to describe the situation between the president and the prosecutor in the Nixon case.</p>
<p>“The clear implication is that the nexus of facts and operative law involving pre-Nixon Special Counsels, were, in fact, dissimilar, and that the Court’s analysis should not be extended to different facts concerning future Special Counsels,” the brief reads. “Nixon was the proverbial ticket good for one ride — or perhaps, one president.”</p>
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<p>The post <a href="https://homesafetytechpros.com/lawyers-law-professors-go-to-bat-for-trump-in-11th-circuit/">Lawyers, law professors, go to bat for Trump in 11th Circuit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Trump asks appeals court for delay in Mar-a-Lago case</title>
		<link>https://homesafetytechpros.com/trump-asks-appeals-court-for-delay-in-mar-a-lago-case/</link>
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		<pubDate>Wed, 18 Sep 2024 03:52:09 +0000</pubDate>
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					<description><![CDATA[<p>Left: Special counsel Jack Smith turns from the podium after speaking about an indictment of former President Donald Trump, Tuesday, Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/Jacquelyn Martin). Right: Republican presidential candidate, former President Donald Trump stands on stage at the Libertarian National Convention at the Washington Hilton in [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-asks-appeals-court-for-delay-in-mar-a-lago-case/">Trump asks appeals court for delay in Mar-a-Lago case</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_460261" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-460261" class="size-full wp-image-460261" src="https://am23.mediaite.com/lc/cnt/uploads/2024/05/Jack-Smith-Donald-Trump.jpg" alt="Left: Special counsel Jack Smith turns from the podium after speaking about an indictment of former President Donald Trump, Tuesday, Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/Jacquelyn Martin). Right: Republican presidential candidate, former President Donald Trump stands on stage at the Libertarian National Convention at the Washington Hilton in Washington, Saturday, May 25, 2024 (AP Photo/Jose Luis Magana)." width="1200" height="627"/></p>
<p id="caption-attachment-460261" class="wp-caption-text">Left: Special counsel Jack Smith turns from the podium after speaking about an indictment of former President Donald Trump, Tuesday, Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/Jacquelyn Martin). Right: Republican presidential candidate, former President Donald Trump stands on stage at the Libertarian National Convention at the Washington Hilton in Washington, Saturday, May 25, 2024 (AP Photo/Jose Luis Magana).</p>
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<p>Former President Donald Trump has asked a federal appeals court sitting in Atlanta for a bit of extra time to file a motion opposing the government’s efforts to reinstate the Mar-a-Lago indictment against him and two other erstwhile, would-be co-defendants.</p>
<p>A lower court dismissed special counsel Jack Smith’s classified documents charges against the 45th president in an <a href="https://lawandcrime.com/high-profile/after-careful-study-judge-cannon-throws-out-trumps-mar-a-lago-indictment-and-finds-ag-merrick-garland-unlawfully-appointed-jack-smith-as-special-counsel/" target="_blank" rel="noopener">early summer opinion</a> that sent shock waves through political and legal landscapes. Also spared from the prosecution’s maw by that novel reading of the U.S. Constitution were Waltine “Walt” Nauta, Trump’s personal valet, and Carlos de Oliveira, Mar-a-Lago’s chief of maintenance.</p>
<p><a href="https://lawandcrime.com/high-profile/misunderstand-the-statutes-grammatical-construction-jack-smith-appeals-trump-mar-a-lago-case-with-blistering-attack-on-judge-cannon-dismissal-including-an-assist-from-justice-kavanaugh/" target="_blank" rel="noopener">On Aug. 26</a>, as widely anticipated, Smith filed to overturn the pro-Trump decision issued by Trump-appointed U.S. District Judge Aileen Cannon. Under circuit rules, Trump has 30 days to respond — which sets the present deadline to respond to Smith on Sept. 25.</p>
<p>On Tuesday, in a <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca11.87822/gov.uscourts.ca11.87822.30.0.pdf" target="_blank" rel="noopener">14-page unopposed motion for extension of time to file opening brief</a>, Trump’s attorneys asked the appeals court for another 30 days to get their affairs in order in the Mar-a-Lago case. The motion cites the still-ongoing Smith-helmed prosecution in the District of Columbia as the foremost reason for the requested delay.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Under the terms of the request, Trump, Nauta, and de Oliveira would have until Oct. 25 to respond to the government’s hard-charging <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca11.87822/gov.uscourts.ca11.87822.18.0_1.pdf" target="_blank" rel="noopener">81-page effort</a> to revive the fledgling south Florida case.</p>
<p>The combined extension request argues there is “good cause” for the latest in a long line of delays in the Mar-a-Lago matter.</p>
<p>“President Trump and his counsel are presently engaged in motion practice in a separate case brought by the Special Counsel in the District of Columbia, United States v. Trump, which will require counsel to spend time in a sensitive compartmented information facility (“SCIF”) in Washington, D.C. in the coming weeks to meet that court’s briefing schedule,” the filing reads.</p>
<p><a href="https://lawandcrime.com/high-profile/mark-meadows-loses-again-in-federal-court-removal-bid-this-time-in-arizona/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: Judge slams Mark Meadows for ‘artful alteration’ of Jack Smith’s words, rejects argument Arizona fake electors case is just about ‘receiving’ texts as Trump’s ‘gatekeeper’</strong></a></p>
<p>The D.C. case was similarly long-delayed — in a nonsimilar fashion; by a long-and-winding, and largely successful, appeal to the U.S. Supreme Court on presidential immunity issues. Proceedings in the D.C.-based matter recently began again in earnest.</p>
<p>In an early <a href="https://lawandcrime.com/high-profile/trump-jan-6-judge-sets-schedule-that-will-run-up-against-election-including-more-arguments-about-jack-smiths-power-to-prosecute/" target="_blank" rel="noopener">September order</a>, prosecutors were given until Sept. 26, to file their first brief addressing the new concept of presidential immunity in criminal prosecutions. U.S. District Judge Tanya Chutkan, a Barack Obama appointee, gave Trump until Oct. 17, to respond. Then, Smith’s office has until Oct. 29, six days prior to the 2024 general election, to file his reply. A similar suite of deadlines was set by the court over the defense’s appointments clause-related arguments challenging the special counsel’s authority to oversee the case.</p>
<p>But it’s not the D.C. briefing schedule alone that Trump, Nauta and de Oliveira say necessitates a 30-day briefing pause.</p>
<p><a href="https://lawandcrime.com/high-profile/georgia-judge-keeps-fani-willis-rico-case-in-place-even-as-he-tosses-2-trump-charges-but-a-footnote-shows-theres-a-much-larger-fight-brewing/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: Georgia judge keeps Fani Willis’ RICO case in place even as he tosses 2 Trump charges, but a footnote shows there’s a much larger fight brewing</strong></a></p>
<p>There’s also the issue of Trump’s conviction in New York over 34 felony counts of falsifying business documents.</p>
<p>“President Trump and his counsel are also litigating issues of first impression in the U.S. Court of Appeals for the Second Circuit that require briefing in advance of a potential sentencing hearing presently set for November 26, 2024,” the filing goes on.</p>
<p>Trump <a href="https://lawandcrime.com/high-profile/manhattan-da-responds-to-trump-removal-bid-after-hush-money-judge-has-already-moved-sentencing-past-2024-election/" target="_blank" rel="noopener">recently tried</a>, and failed, to have the federal court system obtain jurisdiction over the Empire State case. Meanwhile, the judge who oversaw the ex-president’s criminal trial rescheduled a planned Sept. 18, sentencing hearing in light of the upcoming election.</p>
<p><a href="https://lawandcrime.com/high-profile/denied-trump-strikes-out-as-federal-judges-say-hush-money-case-must-stay-in-new-york-state-court/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘DENIED’: Trump strikes out as federal judges say hush-money case must stay in New York state court</strong></a></p>
<p>The motion for an extension filed with the 11th Circuit also says Nauta recently hired a new lawyer who “must be familiarized with the facts giving rise to this appeal and has pressing work before this Court and others that makes the existing schedule challenging.”</p>
<p>Smith’s team, for their part, appear unruffled by the former president’s request to delay the Mar-a-Lago case further.</p>
<p>“In light of the procedure described in Eleventh Circuit Rule 31-2(a) and without expressing a view on whether appellees have established good cause, the government does not oppose appellees’ 30-day extension request,” the government wrote in a message provided to the defense and entered into the record by the extension motion.</p>
<p>Under <a href="https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/Rules%20Bookmark.AUG24.pdf" target="_blank" rel="noopener">11th Circuit rules</a>, a statement referencing opposing counsel’s position on an extension of time is mandatory.</p>
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		<title>Jack Smith reveals where Trump&#8217;s PRA defense came from</title>
		<link>https://homesafetytechpros.com/jack-smith-reveals-where-trumps-pra-defense-came-from/</link>
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		<pubDate>Wed, 03 Apr 2024 14:41:34 +0000</pubDate>
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					<description><![CDATA[<p>Judge Aileen Cannon (left) during a Senate Judiciary Committee oversight nomination hearing on July 29, 2020 (U.S. Senate via AP), Special counsel Jack Smith (right) speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. (AP Photo/Jacquelyn Martin) The Special Counsel’s Office and Donald Trump’s [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/jack-smith-reveals-where-trumps-pra-defense-came-from/">Jack Smith reveals where Trump&#8217;s PRA defense came from</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_419370" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-419370" class="size-full wp-image-419370" src="https://am21.mediaite.com/lc/cnt/uploads/2023/11/Judge-Aileen-Cannon-special-counsel-Jack-Smith.jpg" alt="Judge Aileen Cannon, special counsel Jack Smith" width="1200" height="627"/></p>
<p id="caption-attachment-419370" class="wp-caption-text">Judge Aileen Cannon (left) during a Senate Judiciary Committee oversight nomination hearing on July 29, 2020 (U.S. Senate via AP), Special counsel Jack Smith (right) speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. (AP Photo/Jacquelyn Martin)</p>
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<p>The Special Counsel’s Office and Donald Trump’s defense both responded Tuesday to an order in the Mar-a-Lago case surrounding jury instructions on the Presidential Records Act (PRA), and the prosecution repeatedly hammered the former president’s arguments as “fictional,” “invented,” and “legally erroneous.”</p>
<p>U.S. District Judge Aileen Cannon on March 18 <a href="https://lawandcrime.com/high-profile/most-bizarre-order-ive-ever-seen-lawyers-were-absolutely-astonished-by-mar-a-lago-judges-latest-move-and-some-are-urging-jack-smith-to-seek-extraordinary-remedy/" target="_blank" rel="noopener">caused a stir</a> by ordering the parties to file “proposed jury instructions limited to the essential elements” of Trump’s Espionage Act charges and to “engage with” two “competing scenarios and offer alternative draft text that assumes each scenario to be a correct formulation of the law to be issued to the jury [.]”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The scenarios, as Cannon posed them, asked the special counsel to grapple with defense notion that the PRA permitted Trump to unilaterally decide the classified documents at issue were personal records he was entitled to take and keep at Mar-a-Lago, thereby potentially dooming Espionage Act charges:</p>
<blockquote>
<p>(a) In a prosecution of a former president for allegedly retaining documents in violation of 18 U.S.C. § 793(e), a jury is permitted to examine a record retained by a former president in his/her personal possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential using the definitions set forth in the Presidential Records Act (PRA).</p>
<p>(b) A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision. Although there is no formal means in the PRA by which a president is to make that categorization, an outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.</p>
</blockquote>
<p>In his response Tuesday, special counsel <a href="https://lawandcrime.com/?s=Jack+Smith" target="_blank" rel="noopener">Jack Smith</a> said, in reality, the “PRA should not play any role at trial at all” and any jury instruction that suggests the PRA does have a role to play in challenging the willful retention of classified information charges is based on a “wrong” legal premise that would “distort the trial.”</p>
<p>The special counsel called it “vitally important” that Cannon “promptly” reveal her view and resolve the issue “well before jeopardy attaches” <a href="https://www.law.cornell.edu/wex/jeopardy" target="_blank" rel="noopener">at trial</a>. Smith explained the timing is important because prosecutors “must have the opportunity to consider appellate review” if Cannon “wrongly” decides to “include the PRA in the jury instructions regarding what is authorized under Section 793.”</p>
<p>In other words, the special counsel is telling the judge she “must” rule on this question of law swiftly. If she sits on it until trial and rules in Trump’s favor, it may mean that “legally erroneous” jury instructions could be a part of the case and lead to the former president’s acquittal — and if he did end up acquitted, perhaps even through a <a href="https://www.abajournal.com/news/article/how-a-rule-29-motion-could-save-trump-in-classified-documents-case-what-are-the-other-possibilities" target="_blank" rel="noopener">directed verdict</a> of <a href="https://www.law.cornell.edu/rules/frcrmp/rule_29#:~:text=A%20defendant%20may%20move%20for,verdict%20and%20enter%20an%20acquittal." target="_blank" rel="noopener">acquittal that Cannon</a> may issue, double jeopardy would prevent another trial, and there’s <a href="https://www.businessinsider.com/trump-indictment-plan-judge-aileen-cannon" target="_blank" rel="noopener">nothing the government could do about it</a>.</p>
<blockquote class="twitter-tweet" data-conversation="none">
<p dir="ltr" lang="en">As noted on the Prosecuting Donald Trump podcast, Smith cant wait until a jury is sworn and double jeopardy attaches (when Cannon can unilaterally tank the case); he’s ready to take her to the 11th Circuit. DOJ won 2x before there; now, it will be 3 strikes and you are out.</p>
<p>— Andrew Weissmann (weissmann11 on Threads)🌻 (@AWeissmann_) <a href="https://twitter.com/AWeissmann_/status/1775374174644535451?ref_src=twsrc%5Etfw">April 3, 2024</a></p>
</blockquote>
<p>Legal analyst and former federal prosecutor Shan Wu <a href="https://x.com/shanlonwu/status/1775388345570378048?s=20" target="_blank" rel="noopener">explained the upshot</a> this way:</p>
<blockquote>
<p>Extraordinary late night filing by Special Counsel Smith sets forth how Judge Aileen Cannon could doom the prosecution by delaying ruling on her legally flawed jury instructions until after the trial starts (when Double Jeopardy attaches) thus depriving prosecution of any ability to cure.</p>
<p>SCO team explicitly states that this kind of scenario is what a writ of mandamus exists to address – implicitly warning Cannon that they view her position as not only indefensibly flawed legally but saying the quiet part aloud that that they are on to the possibility that the timing of her ruling could be substantively fatal to successful prosecution of Trump – ever.</p>
<p>Now the question becomes whether Judge Cannon will quickly rule or delay further.</p>
</blockquote>
<p>If the judge reveals her position sooner rather than later, Smith can go back to the U.S. Court of Appeals for the 11th Circuit to correct Cannon’s “error,” <a href="https://lawandcrime.com/trump/the-answer-is-no-conservative-11th-circuit-panel-including-two-judges-trump-appointed-puts-a-stop-to-special-masters-mar-a-lago-review/" target="_blank" rel="noopener">as has happened before</a>. Smith strongly hinted that he’s prepared to seek the <a href="https://lawandcrime.com/high-profile/most-bizarre-order-ive-ever-seen-lawyers-were-absolutely-astonished-by-mar-a-lago-judges-latest-move-and-some-are-urging-jack-smith-to-seek-extraordinary-remedy/" target="_blank" rel="noopener">“extraordinary remedy” of a writ of mandamus</a> if Cannon rules against him:</p>
<p><img decoding="async" class="alignnone wp-image-449017 " src="https://am22.mediaite.com/lc/cnt/uploads/2024/04/Screenshot-2024-04-03-at-8.36.12-AM-e1712147825388.png" alt="" width="1276" height="862"/></p>
<p>“[T]he question of whether the PRA has an impact on the element of unauthorized possession under Section 793(e) does not turn on any evidentiary issue, and it cannot be deferred. It is purely a question of law that must be decided promptly,” Smith said. “If the Court were to defer a decision on that fundamental legal question it would inject substantial delay into the trial and, worse, prevent the Government from seeking review before jeopardy attaches.”</p>
<p>All the more problematic, the special counsel said, is that Trump’s PRA reliance “is not based on any facts”:</p>
<blockquote>
<p>Importantly, Trump has never represented to this Court that he in fact designated the classified documents as personal. He made no such claim in his motion to dismiss, in his reply, or at the hearing on March 14, 2024, despite every opportunity and every incentive to do so. As discussed below, the reason is simple: he never did so. Instead, he has attempted to fashion out of whole cloth a legal presumption that would operate untethered to any facts—without regard to his actual decisions, his actual intent, the unambiguous definition of what constitutes personal records under the PRA, or the plainly non-personal content of the highly classified documents that he retained. There is no basis in law or fact for that legal presumption, and the Court should reject Trump’s effort to invent one as a vehicle to inject the PRA into this case.</p>
</blockquote>
<p>Trump’s “fictional PRA defense,” as Smith called it, was “invented long after he left the White House.”</p>
<p>The prosecution said that it has interviewed various witnesses — including Trump’s “own PRA representatives and numerous high-ranking officials from the White House—Chiefs of Staff, White House Counsel and senior members of the White House Counsel’s Office, a National Security Advisor, and senior members of the National Security Council” — and “[n]ot a single one” of these individuals heard anything about him designating the records in question as personal.</p>
<p>Smith also traced the genesis of Trump’s PRA arguments to February 2022 and Judicial Watch president Tom Fitton, “who was not an attorney”:</p>
<blockquote>
<p>Around this same time, the Judicial Watch president, who was not an attorney, told another Trump employee that Trump was being given bad advice, and that the records Trump possessed at Mar-a-Lago should have been characterized as personal. The second employee advised the Judicial Watch president that they disagreed with the Judicial Watch president’s analysis: in Judicial Watch, former President Clinton had made the designation of certain records personal while President, whereas Trump had not done so. The second employee further informed Trump that the Judicial Watch president was wrong and explained why. Nevertheless, on February 10, 2022, Trump released a statement claiming in part, “I have been told I was under no obligation to give the material based on various legal rulings that have been made over the years.” Before this time, the second employee had never heard this theory from Trump. No other witness recalled Trump espousing this theory until after the Judicial Watch president conveyed it to him in February 2022.</p>
</blockquote>
<p>The special counsel concluded by saying that Trump cannot even launch a factual defense based on his PRA theories since doing so “requires evidence,” which he does not have.</p>
<p>“Trump has no evidence to support such a factual defense because he and his representatives repeatedly characterized the records as presidential rather than personal long after he left the White House. Regardless, such a defense, even if available as a factual matter, would have no bearing on the element of ‘unauthorized possession,’ and would not require a modification to the Government’s proposed jury instructions for Section 793,” Smith said, urging Cannon not to allow these “fundamentally flawed” contentions to impact jury instructions.</p>
<p>Read the Smith response <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.428.0.pdf" target="_blank" rel="noopener">here</a> and Trump’s <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.427.0.pdf" target="_blank" rel="noopener">here</a>.</p>
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		<title>Special counsel urges Mar-a-Lago judge to redact new filings</title>
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		<pubDate>Sun, 31 Mar 2024 12:39:54 +0000</pubDate>
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					<description><![CDATA[<p>Left to right: Special counsel Jack Smith arrives to speak about an indictment of former President Donald Trump, Aug. 2023. (AP Photo/Jacquelyn Martin)/U.S. District Judge Aileen Cannon during remote Senate Judiciary Committee nomination hearing. (U.S. Senate via AP)/Former President Donald Trump speaks at Trump National Golf Club in Bedminster, N.J. June 2023. (AP Photo/Andrew Harnik, [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/special-counsel-urges-mar-a-lago-judge-to-redact-new-filings/">Special counsel urges Mar-a-Lago judge to redact new filings</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_440510" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-440510" class="size-full wp-image-440510" src="https://am24.mediaite.com/lc/cnt/uploads/2024/02/SMITH-CANNON-TRUMP.jpg" alt="Left to right: Special counsel Jack Smith arrives to speak about an indictment of former President Donald Trump, Aug. 2023. (AP Photo/Jacquelyn Martin)/U.S. District Judge Aileen Cannon during remote Senate Judiciary Committee nomination hearing. (U.S. Senate via AP)/Former President Donald Trump speaks at Trump National Golf Club in Bedminster, N.J. June 2023. (AP Photo/Andrew Harnik, File)" width="1200" height="627"/></p>
<p id="caption-attachment-440510" class="wp-caption-text">Left to right: Special counsel Jack Smith arrives to speak about an indictment of former President Donald Trump, Aug. 2023. (AP Photo/Jacquelyn Martin)/U.S. District Judge Aileen Cannon during remote Senate Judiciary Committee nomination hearing. (U.S. Senate via AP)/Former President Donald Trump speaks at Trump National Golf Club in Bedminster, N.J. June 2023. (AP Photo/Andrew Harnik, File)</p>
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<p>Special counsel <a href="https://lawandcrime.com/tag/jack-smith/" target="_blank" rel="noopener">Jack Smith</a> on Friday urged the federal judge overseeing the <a href="https://lawandcrime.com/tag/mar-a-lago/" target="_blank" rel="noopener">Mar-a-Lago</a> classified documents case to enforce certain redactions on two court filings recently submitted by former President Donald Trump’s valet Waltine “Walt” Nauta.</p>
<p>Nauta faces charges of conspiracy to obstruct, making false statements to the FBI, and withholding documents — connected to an <a href="https://lawandcrime.com/high-profile/trump-employee-5-says-threat-of-mar-a-lago-judge-naming-witnesses-which-visibly-shocked-jack-smith-in-court-inspired-him-to-speak-out-and-reveal-identity-for-first-time/" target="_blank" rel="noopener">alleged scheme to delete Mar-a-Lago camera footage</a> and conceal boxes of classified documents from a grand jury. In reply briefs, he argued the indictment should be thrown out because he was singled out via vindictive prosecution and impermissibly retaliated against via prosecution because he declined to testify in front of a grand jury.</p>
<p><a href="https://lawandcrime.com/high-profile/they-should-stop-jack-smith-tells-mar-a-lago-judge-to-ignore-trump-valets-deeply-flawed-bid-to-toss-case-based-on-lawyers-conversation-over-coffee-with-a-prosecutor/" target="_blank" rel="noopener">On Wednesday</a>, Smith’s office addressed several alleged substantive and procedural deficiencies in Nauta’s arguments, categorizing them as “deeply flawed” and “meritless” and simply filed too late.</p>
<p>The government’s Friday filing asks U.S. District Judge Aileen Cannon to intervene in a dispute over whether Nauta can publicize the names of potential government witnesses and other information.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“The Government has conferred with counsel for all three defendants concerning this Motion, and they maintain that the Government has not met its burden to support restricting public access to the two reply briefs,” the special counsel’s <a href="https://www.documentcloud.org/documents/24526128-jack-smith-misc-relief-mal" target="_blank" rel="noopener">five-page motion</a> explains.</p>
<p>According to the filing, defense attorneys and Cannon were also emailed so-called “red box” versions of the two Nauta reply briefs if the government’s “extensive” proposed redactions are accepted.</p>
<p>“First, beginning on page two of the Reply and continuing through page four, Nauta references, summarizes, and quotes from filings that this Court has ordered sealed,” the motion argues, in reference to the vindictive prosecution-based reply. “The Government does not object to the Court unsealing these docket entries, but until it does so, these portions of the Reply must be redacted.”</p>
<p>Smith also complains that Nauta’s attorneys are trying to expose information about two separate sealed grand jury proceedings.</p>
<p>“Nauta references a sealed grand jury proceeding in the District of Columbia that occurred as part of this investigation, and that involved another client of his counsel,” the filing goes on. “Nauta references a sealed grand jury proceeding in the District of Columbia that involved a third client of his counsel, but that was unrelated to this case.”</p>
<p>The government argues the second grand jury proceeding has nothing to do with the present case because of the order of events.</p>
<p>“Notably, the events Nauta described occurred before the appointment of the Special Counsel,” the government’s motion continues. “Neither the undersigned nor any other line prosecutor working on the classified documents investigation had any involvement in that proceeding, nor would they have been aware of it when it occurred.”</p>
<p><a href="https://lawandcrime.com/high-profile/no-longer-workable-trump-blames-need-to-push-back-mar-a-lago-trial-date-indefinitely-on-ny-prosecution-he-successfully-delayed/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘No longer workable’: Trump blames need to push back Mar-a-Lago trial date indefinitely on NY prosecution he successfully delayed</strong></a></p>
<p>In the vindictive prosecution reply, Nauta allegedly uses the names of “potential” government witnesses, Smith says.</p>
<p>This issue, of course, has been a consistent theme throughout pretrial filings in the case. Cannon has been heavily criticized by the prosecution and a steady stream of legal and political pundits for her tentative decisions signing off on publishing witnesses’ names.</p>
<p>In the Friday filing, Smith references the ongoing feud between the government on one side and the court and defense on the other, briefly arguing that “witness safety and privacy are paramount pretrial.”</p>
<p>The special counsel’s office also objects to another recent filing submitted by Trump’s co-defendant.</p>
<p>“Throughout Nauta’s Motion to Suppress Reply, he includes the names of Government witnesses,” the filing says. “The Government is seeking to redact their names and any pronouns revealing their gender. For the reasons stated above, the Government has satisfied its burden for these limited redactions.”</p>
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<p>The post <a href="https://homesafetytechpros.com/special-counsel-urges-mar-a-lago-judge-to-redact-new-filings/">Special counsel urges Mar-a-Lago judge to redact new filings</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Mar-a-Lago largely sides with Jack Smith in CIPA order</title>
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		<pubDate>Fri, 22 Mar 2024 17:10:12 +0000</pubDate>
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					<description><![CDATA[<p>Judge Aileen Cannon (left) during a Senate Judiciary Committee oversight nomination hearing on July 29, 2020 (U.S. Senate via AP), Special counsel Jack Smith (right) speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. (AP Photo/Jacquelyn Martin) The special counsel can “redact, substitute, or [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/mar-a-lago-largely-sides-with-jack-smith-in-cipa-order/">Mar-a-Lago largely sides with Jack Smith in CIPA order</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<p id="caption-attachment-419370" class="wp-caption-text">Judge Aileen Cannon (left) during a Senate Judiciary Committee oversight nomination hearing on July 29, 2020 (U.S. Senate via AP), Special counsel Jack Smith (right) speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. (AP Photo/Jacquelyn Martin)</p>
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<p>The special counsel can “redact, substitute, or delete” two categories of classified information and “most” of a third category from shareable discovery, the judge in former President Donald Trump’s Espionage Act prosecution ruled Friday.</p>
<p>U.S. District Judge Aileen Cannon wrote that Jack Smith’s motions prevailed as far as categories 3 and 4 are concerned — the first dealing with “documents relating to a potential government witness” and the second with “classified information which the Special Counsel seeks to delete from discovery in its entirety.”</p>
<p>Cannon also granted “most of the Category 2 requests,” but not all.</p>
<p>“Category 2 contains a subset of After-Action Reports (‘AARs’) and related emails from which the Special Counsel seeks to redact limited words and phrases,” she wrote. “The vast majority of the requests are not topically related to the charged documents and thus neither relevant nor helpful to the defense. A very limited number of redaction requests, however, cannot be resolved at this stage.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The judge said that the “words and phrases” Smith wants to redact from reports are “bound up in requests made in Defendants’ Motions to Compel, and/or (2) have potential bearing on essential elements” of the willful retention of national defense information charges Trump faces.</p>
<p>“Thus, pending resolution of Defendant’s Motions to Compel and a follow-up ex parte CIPA § 4 hearing with the Special Counsel to clarify the nature of the information at issue, the Court reserves ruling on the few requests identified in the Classified Order,” she wrote.</p>
<p>Similarly, category 1 — “two sensitive intelligence reports directly related to a document charged in one of the unlawful-retention counts” — cannot be ruled upon at this time, Cannon said. Only after the judge rules on Trump’s <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.262.0.pdf" target="_blank" rel="noopener">motions to compel discovery</a> — and/or only after another Classified Information Procedures Act (CIPA) § 4 hearing — will the judge address category 1, Cannon said.</p>
<p><a href="https://lawandcrime.com/high-profile/not-a-basis-to-deviate-mindful-mar-a-lago-judge-unseals-docs-jack-smith-warned-would-reveal-contours-and-extent-of-governments-plans/" target="_blank" rel="noopener">Back in December</a>, the judge and Jack Smith clashed as the special counsel insisted that unsealing certain details about its CIPA § 4 motion would reveal the “contours and extent” of the government’s plans to delete classified information from discovery.</p>
<p>Asserting a need to “protect four separate categories of classified information from disclosure” to criminal defense lawyers, and to Trump and his co-defendants, valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, Smith argued that “even disclosing” the “number of categories of classified information that the Government seeks to delete from discovery would reveal the contours and extent of the Government’s CIPA Section 4 motion.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>While Smith did not succeed in hiding the number of categories, he had better luck on Friday on his “redact, substitute, or delete” requests. Still, it was not a total win for the special counsel.</p>
<p>At the end of her order, Cannon did acknowledge the existence of Jack Smith’s pending motion for reconsideration. Recall <a href="https://lawandcrime.com/high-profile/a-manifest-injustice-jack-smith-warns-of-appeal-if-mar-a-lago-judge-wont-correct-clear-error-threatening-to-expose-witness-names/" rel="noopener" target="_blank">that the special counsel threatened to appeal</a> to the U.S. Court of Appeals for the 11th Circuit if the judge did not correct her “clear error” threatening to name government witnesses through discovery.</p>
<p>“The Court also reserves docketing the Special Counsel’s proposed public stand-alone brief as to Defendant Trump—previously submitted ex parte and under seal as an attachment to the Special Counsel’s Third Classified Supplement to CIPA § 4 Motions—until the Court has resolved the Special Counsel’s pending Motion for Reconsideration,” Cannon wrote.</p>
<p>At least one witness for the prosecution, Trump Employee 5, <a href="https://lawandcrime.com/high-profile/trump-employee-5-says-threat-of-mar-a-lago-judge-naming-witnesses-which-visibly-shocked-jack-smith-in-court-inspired-him-to-speak-out-and-reveal-identity-for-first-time/" rel="noopener" target="_blank">revealed his identity</a> after it appeared the judge was leaning towards outing witnesses regardless of Smith’s protestations.</p>
<p><em>Have a tip we should know? <a href="http://lawandcrime.com/cdn-cgi/l/email-protection#d7a3bea7a497bbb6a0b6b9b3b4a5bebab2f9b4b8ba"><span class="__cf_email__" data-cfemail="65110c151625090412040b0106170c08004b060a08">[email protected]</span></a></em></p>
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<p>The post <a href="https://homesafetytechpros.com/mar-a-lago-largely-sides-with-jack-smith-in-cipa-order/">Mar-a-Lago largely sides with Jack Smith in CIPA order</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Trump Employee 5 talks sleeping grand juror, Jack Smith</title>
		<link>https://homesafetytechpros.com/trump-employee-5-talks-sleeping-grand-juror-jack-smith/</link>
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		<pubDate>Thu, 21 Mar 2024 15:41:51 +0000</pubDate>
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					<description><![CDATA[<p>Brian Butler, Donald Trump (MSNBC/screengrab) The government witness known in court documents as “Trump Employee 5” and now known publicly to be longtime former Mar-a-Lago valet Brian Butler shed more light on what went on behind closed doors when he sat for interviews with the Special Counsel’s Office and testified before the grand jury that [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-employee-5-talks-sleeping-grand-juror-jack-smith/">Trump Employee 5 talks sleeping grand juror, Jack Smith</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="post-body">
<div id="attachment_446567" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-446567" class="size-full wp-image-446567" src="https://am24.mediaite.com/lc/cnt/uploads/2024/03/Brian-Butler-Donald-Trump.jpg" alt="Brian Butler, Donald Trump" width="1200" height="627"/></p>
<p id="caption-attachment-446567" class="wp-caption-text">Brian Butler, Donald Trump (MSNBC/screengrab)</p>
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<p>The government witness known in court documents as “Trump Employee 5” and now known publicly to be longtime former <a href="https://lawandcrime.com/?s=mar-a-lago" target="_blank" rel="noopener">Mar-a-Lago</a> valet Brian Butler shed more light on what went on behind closed doors when he sat for interviews with the Special Counsel’s Office and testified before the grand jury that went on to indict the former president.</p>
<p>Revealing that he met with special counsel Jack Smith’s office up to five times over a period of months, Butler <a href="https://www.nbcnews.com/politics/donald-trump/longtime-trump-employee-mar-lago-culture-led-many-commit-crimes-rcna144313" target="_blank" rel="noopener">told NBC News</a> that the grand jury setting was a “dark” closet-like room filled with roughly 20 grand jurors. Prosecutors “were interested in everything” he had to say during interviews, Butler added.</p>
<p>That may not have been the case for at least one of the grand jurors, however. Butler said he “could see their eyes shut.”</p>
<p><iframe title="‘He knew’: Witness who may land Trump in jail talks Jack Smith probe" width="760" height="428" src="https://www.youtube.com/embed/KVAuE3KUbRU?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" allowfullscreen></iframe></p>
<p>Butler also appeared Wednesday on MSNBC’s “The Beat with Ari Melber,” where he revealed that he voted for Trump in 2016 and 2020 but will not do so in 2024.</p>
<p>The erstwhile Mar-a-Lago employee of two decades, as he said in his <a href="https://lawandcrime.com/high-profile/trump-employee-5-says-threat-of-mar-a-lago-judge-naming-witnesses-which-visibly-shocked-jack-smith-in-court-inspired-him-to-speak-out-and-reveal-identity-for-first-time/" target="_blank" rel="noopener">first public interview</a> with CNN, stated his belief that Trump wanted surveillance video deleted because he knew he wasn’t supposed to have national defense information and knew that the Presidential Records Act didn’t protect him.</p>
<div id="attachment_444466" style="width: 1210px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-444466" class="size-full wp-image-444466" src="https://am23.mediaite.com/lc/cnt/uploads/2024/03/Judge-Aileen-Cannon-Brian-Butler.jpg" alt="Judge Aileen Cannon, Brian Butler" width="1200" height="627"/></p>
<p id="caption-attachment-444466" class="wp-caption-text">Judge Aileen Cannon (inset left) (U.S. Senate via AP), Brian Butler, “Trump Employee 5,” appears on CNN on March 11, 2024 (CNN/screengrab)</p>
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<p>“The way I see it, if these were his personal documents or he’s allowed to have these by the PRA, why would you need to ask questions about video footage?” Butler asked. “Why would you possibly move the documents when they are coming to retrieve them. To me, it just doesn’t make any sense. On top of that, why would you put two low-level employees in the position they’re in if he you did nothing wrong and these were your personal documents?”</p>
<p>Pressed as to whether he had witnessed “part of a cover-up,” Butler said: “I think it’s very possible.”</p>
<p>“From what I saw, the questions — why would they ask about video footage, how long it’s deleted for?” Butler asked. “Those are conversations Carlos [De Oliveira] told me he was asked with finding out prior to Walt [Nauta]’s arrival on a secret trip.”</p>
<p>Here, Butler was recounting the details as they appeared in the <a href="https://www.justice.gov/storage/US-v-Trump-Nauta-De-Oliveira-23-80101.pdf" target="_blank" rel="noopener">indictment</a>.</p>
<p>Mar-a-Lago property manager Carlos De Oliveira on June 25, 2022, allegedly told Trump Employee 5 that valet Walt Nauta was en route from Bedminster, N.J., to Mar-a-Lago but asked the witness not to tell anyone about the “secret” trip that related to surveillance camera footage.</p>
<p>“DE OLIVEIRA also told Trump Employee 5 that NAUTA wanted DE OLIVEIRA to talk to Trump Employee 4 to see how long camera footage was stored,” the indictment said. “Shortly after arriving in Palm Beach on the evening of June 25, NAUTA went to The Mar-a-Lago Club and met with DE OLIVEIRA at 5:46 p.m. At The Mar-a-Lago Club, NAUTA and DE OLIVEIRA went to the security guard booth where surveillance video is displayed on monitors, walked with a flashlight through the tunnel where the Storage Room was located, and observed and pointed out surveillance cameras.”</p>
<p>Two days later, De Oliveira told another employee — “Trump Employee 4” — that “the boss” wanted the video footage server deleted, the indictment further alleged.</p>
<p>On CNN, Butler recalled helping Nauta load boxes of documents onto a Trump plane headed for New Jersey, documents the witness said he later realized “were the boxes that were in the indictment, the white bankers boxes.” Before he left Trump’s employ and became a witness for the prosecution, Butler counted De Oliveira as one of his “best friends.” Now, he said, they don’t talk anymore.</p>
<p><em>Have a tip we should know? <a href="http://lawandcrime.com/cdn-cgi/l/email-protection#1064796063507c7167717e747362797d753e737f7d"><span class="__cf_email__" data-cfemail="691d00191a2905081e08070d0a1b00040c470a0604">[email protected]</span></a></em></p>
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<p>The post <a href="https://homesafetytechpros.com/trump-employee-5-talks-sleeping-grand-juror-jack-smith/">Trump Employee 5 talks sleeping grand juror, Jack Smith</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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