Jack Smith just notified the court that Donald has failed to produce a single doc of discovery in classified doc case

[kpete]

@MaryLTrump
BREAKING NEWS: Special Counsel Jack Smith has just notified the court that Donald has failed to produce a single document of discovery in classified document case.

Link to tweet

?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet

[Tickle]

1. I'm confused. so what?

enlighten me.

[Deuxcents]

2. Me, too.

[ecstatic]

5. I think that's contempt. He will be fined/sanctioned

You're required to produce discovery within a timely fashion. At least in civil lawsuits. I don't know how criminal cases work.

[onenote]

39. In criminal cases defense discovery is made on the request of the prosecution

And the prosecution has not requested any discovery from Trump at this point.

See Federal Rule of Criminal Procedure 16( b ). https://www.law.cornell.edu/rules/frcrmp/rule_16

[ecstatic]

51. wow. So why did Jack make that filing?

[onenote]

52. His filing was a mandated status report. He merely reported that there was no discovery from Trump to report.

It was one line in a report. And while Smith has made a pro forma request for discovery, he hasn't argued, or even suggested, that Trump had failed to comply with a discovery deadline. Nor could he, since the schedule set by the court back in July, set the deadline for Trump to provide discovery to Smith as February 5, 2024 and that deadline appears to have been pushed back to a date that will be determined at the scheduling conference set for March 1.

[ecstatic]

55. thanks! nt

[Ms. Toad]

53. Not generally contempt.

Penalties typically include being ordered to pay attorney fees for the other side, unfavorable inferences drawn regarding the subject of the discovery, defense witnesses being excluded, etc.

At some point there may be a court order to provide discovery (as opposed to the criminal/civil rules). If there is court ordered discovery, then the penalty might be contempt.

[Volaris]

8. The same behavior cost alex jones a billion dollars.

Inadequate compliance with court orders (as in, do discovery with the other side) is usually pretty bad.
In Jones case, the plaintiffs attys asked for a summary judgment, and got it. All the jury had to decide was how much. He fucked around with court orders and the judge said nope, were done you're guilty. Now granted, that was a civil judgment, and this is a criminal case, but still it's bad.

[Arazi]

9. Judge Cannon isn't going to issue any negative rulings against #Traitor

Fairly sure she’ll simply grant them an extensive grace period of several more months

[Orrex]

11. She'll ask him nicely to comply with the request within the next 6 to 36 months or else

She'll ask him again.

[Permanut]

16. I'm not sure the situation calls for anything that harsh.

Maybe a sternly worded letter.

[Orrex]

17. Or the threat of a possible sternly worded letter

Last edited Wed Jan 10, 2024, 01:44 AM - Edit history (1)

[Permanut]

21. ...

[Yavin4]

30. After that a sternly worded letter from Sen. Susan Collins

Watch out Trump.

[AZ8theist]

45. Is Suzies' alert level up to red?????

[littlemissmartypants]

48. Or a quick clutch of her pearls?

[Orrex]

54. Now, let's not go overboard!

[GreenWave]

24. And even then it will be just one letter of the alphabet such as Z!

[ET Awful]

10. In both civil and criminal cases, either side can file a "Request for Production of Documents"

The opposing side is required to produce the documents described in that request for production.

You can request paper documents, electronic documents, e-mails, etc. If they are germaine to the case, and are in the posession of opposing counsel, they are subject to the request. Refusing the request can result in sanctions, etc.

The opposing counsel can file a response and object to the requests for things like being overbroad and ambiguous, not being relative to the case, etc. They MUST file that response in a timely fashion.

[bucolic_frolic]

3. Delay? With the judge in his pocket he can manipulate the schedule to interfer in other courts?

I have no idea.

[Arazi]

4. Judge Aileen Cannon will therefore issue them a 90 day grace period

Delay delay delay

[Cha]

6. MaryT: Subscribers to my newsletter will soon hear just how AWFUL Donald's day in court is.

Link to tweet

[getagrip_already]

7. Does she mean evidence they intend to introduce?

During the trial?

Discovery is usually evidence the prosecution holds they turn over to the defense team so they know what will be presented against them.

If thenprosecution wants evidence from the defense, it subpoenas it.

But if the defense intends to introduce other evidence. I believe they need to provide copies to the prosecution ahead of time.

But all exchanges need to be done a set amount of time before trial. If that has past, smith may have notified the court that either the trial date needs to move or the defense can't introduce any documents into evidence.

Or something like that.

[JPK]

13. Discovery

If I understand correctly after five years of video recording of depositions, both prosecution and defense have the right to request what the other side has evidentiary that might support or hurt their case. This extends only to what may be known. So, if an attorney requests all documents, voice mails, written notes, all electronic communications including phone call lists and their durations, medical records, essentially anything they think they can use to in their case, they are trying to cover all bases. However the opposing side does not need to produce anything not asked for. That is why you see these extensive lists of of things that may or may not produce anything of value to their case. Both sides need to honor the requested or subpoenaed materials. I may have explained that poorly but that is why I record these things and am not an attorney.

[forgotmylogin]

37. Don doesn't plan to go to trial.

Not completing the assignment means delay, so he's in no hurry and will probably pay the fines to kick it three months down the road.

[onecaliberal]

12. It's not like his diaper changer judge will care.

[Kablooie]

14. Delaying tactics, I'll bet.

It behooves him to cause, even extremely expensive, delays because if he can win the election without going to trial all his criminal problems will disappear. (Not to mention that his legal fees are paid for by outside right wing groups, not himself.)

There are so many, many, many ways to delay a trial that I don't expect any of Trump's indictments to go to trial before the election.

[Bluethroughu]

15. Just lock the fu

Everyone has had enough of this traitor!

[dalton99a]

18. Aileen said it's ok, no worries.

[triron]

19. Especially since she's on Trump's defense team.

Get it, Jack? Whadya gonna do, huh?

[onenote]

20. A bit hyperbolic.

Last edited Wed Jan 10, 2024, 02:35 PM - Edit history (1)

Smith's discovery status report nowhere suggests that the government has made any discovery requests to Trump. The closest the government has come is its motion for an order directing Trump to disclose whether he intends to raise an "advice of counsel" affirmative defense in the case and, if so, to waive attorney client privilege and disclose relevant communications to the government. But the issue of whether Trump has to provide discovery of those communications hinges on whether the court grants or denies the government's motion for an order requiring Trump to disclose whether he will raise an advice of counsel defense -- a motion that is still being considered by the court (in fact, the government just filled its reply to Trump's response to the motion).

[getagrip_already]

27. Doesn't matter if he requested any - the defense is required to produce their evidence prior to trial....

They are required to disclose any documents, witness lists, tapes, recordings, or other evidence they intend to introduce as part of their defense at trial.

They have to do it within a set period of time prior to the trial date. So does the prosecution.

If the defense fails to do so, they can't use use it during trial. If they don't provide anything, they basically will stand up and talk without any evidence to present - not even witnesses.

Of course this will impose a delay. Which is what smith is forcing canon to acknowledge. If she waves the deadline but keeps the trial date, he may have something he can finally appeal.

[onenote]

40. According to the Federal Rules of Criminal Procedure it does matter.

See Federal Rule of Criminal Procedure 16 ( b ).

[getagrip_already]

43. i am corrected, but are you sure they weren't requested from tfg?

I didn't see the motion, so don't know what it said.

[onenote]

44. They may have been. I'm searching the docket.

However, I'm not seeing any effort made by Smith to complain about Trump's failure to provide discovery if it was requested, which may mean that under the schedule and rules, Trump isn't "late" with compliance. Hard to say without reviewing everything filed.

[onenote]

47. Here's what I've found. Smith has asked for reciprocal discovery, but compliance is not due yet.

The government has included a request for "reciprocal" discovery from the defense as provided in the Federal and local rules.

Consistent with those rules (and without any objection from Smith), the scheduling order issued by Cannon in July, which set a May 20 trial date, set February 5, 2024 as the deadline for defense reciprocal discovery.

Subsequently, Cannon issued a revised schedule in October. That revised schedule does not specify a deadline for the defense reciprocal discover; rather it only goes through March 1, 2024, the date for a scheduling conference. Following that conference, the court will set new deadlines for those events previously covered by the earlier schedule. So, it would appear, reciprocal discovery won't be required until sometime after March 1.

[sakabatou]

22. What do you expect from a shitty lawyer with a shitty client

[HoosierDebbie]

23. My first thought is that they don't have anything.

Who is going to testify in his defense in this matter? What evidence could they possibly have that would exonerate him?

[GreenWave]

25. You heard it hear first: The Aileen and Sedition Act

They are going to wing it, of course.

[2naSalit]

26. Can...

The 11th Circuit take the case away from her?
She's obviously helping the defendant delay this into oblivion.

[getagrip_already]

28. so far, she hasn't issued any written orders that can be appealed....

She has only issued minute orders. Schedule briefs and other mini-orders that aren't really apealable.

If and when she actually sets something in place with a written order, smit can appeal it and add on a request for recusal. But I think he will need garlands approval for requesting recusal, and he isn't likely to get that.

[Cheezoholic]

33. And hasn't issued them wisely

at least in her contemptuous little legal mind

[onenote]

41. Even if she had issued orders, they probably wouldn't be immediately appealable.

Interlocutory appeals in criminal cases are rare. Some of the exceptions that courts have recognized include orders denying a motion to dismiss based on double jeopardy or on immunity. Evidentiary and procedural rulings never are the subject to immediate appeal.

[onenote]

50. Certainly not for this. The deadline for reciprocal discovery hasn't occurred yet.

That deadline originally was February 5, 2024, per a scheduling order set in July. It appears that a subsequent scheduling order will be pushed back until sometime after the scheduling conference now set for March 1, 2024.

The reality is that Cannon hasn't done anything that would result in the 11th Circuit taking the case away even if Smith requested it, which he hasn't and won't.

[claudette]

29. And Judge Cannon

will do nothing about it.

[Chainfire]

31. The explanation is simple, "He just needs more time." He should have no trouble producing some

records by this time next year. He is a busy man, you know.

[Owens]

32. Another delay tactic by Trump

Just watch.

[onenote]

49. Even under the discovery schedule set back in July, reciprocal discovery wasn't due until Feb 5.

And the July schedule was revised in October and it now appears that reciprocal discovery won't be due until a date to be set at the March 1 scheduling conference.

[sop]

34. Maybe Trump is pleading the Fifth Amendment?

Unlike the discovery process in civil cases, defendants in criminal cases cannot be compelled to produce incriminating evidence against themselves. Trump's lawyers may believe producing these documents would incriminate him.

Discovery in criminal cases is typically limited to information the parties intend to use at the trial, and information that tends to exonerate the defendant. Trump's lawyers may not have anything that would exonerate him.

[Bettie]

35. Isn't this Cannon's case?

In that case, she'll metaphorically pat him on the head and tell them to take as much time as they need.

[DallasNE]

36. Since He Is Seeking To Have The Case Dismissed

On immunity grounds, there is no reason to provide these documents. Trump is taking every step of the process all of the way to the Supreme Court and the courts are kissing his ring every step of the way. Trump will claim that it is not necessary until after the Supreme Court has made a determination on his immunity appeal. It is just another stalling tactic by Trump - and he will get away with it.

[onenote]

42. Can you point me to his motion to dismiss the classified documents case based on immunity?

[jmowreader]

46. He wasn't president when he was caught with that material

Hence, no immunity issues.

[Magoo48]

38. So?