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BumRushDaShow

(129,049 posts)
Wed Mar 13, 2024, 08:35 PM Mar 13

'Baseless and untenable': Trump pleads for Mar-a-Lago judge to dismiss charges on eve of discovery hearing

Source: Law & Crime

Mar 13th, 2024, 7:11 pm


Former president Donald Trump on Wednesday filed long-anticipated reply briefs arguing why the charges against him should be dismissed in the Mar-a-Lago classified documents case. In two separate filings, attorneys representing the 45th president again asked U.S. District Judge Aileen Cannon to drop the charges.

The briefs direct their focus on recent arguments against dismissal made by special counsel Jack Smith – and come on the eve of a hearing in southern Florida dedicated to hashing out those issues.

Unconstitutional Vagueness

In their February motion to dismiss on vagueness, defense lawyers argued 18 USC § 793(e) – the Espionage Act statute, which forms the basis of the first 32 counts in the superseding indictment – has long been considered somewhat legally problematic, resulting in numerous courts that have “endeavored to ‘save’ the statute.” “Those claims are unfounded,” Smith argued in the government’s opposition motion last week.

Trump’s Wednesday filing accuses the government of conceding that “judicial gloss” is necessary to make the Espionage Act claims work against the former president. The defense claims this is little more than evidence that prior courts have gone beyond the text of the law to “save statutes that Congress should have written more clearly.”

Read more: https://lawandcrime.com/high-profile/baseless-and-untenable-trump-pleads-for-mar-a-lago-judge-to-dismiss-charges-on-eve-of-discovery-hearing/



Links to court filings (PDF) -

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.398.0.pdf

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.399.0.pdf
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'Baseless and untenable': Trump pleads for Mar-a-Lago judge to dismiss charges on eve of discovery hearing (Original Post) BumRushDaShow Mar 13 OP
If this were in front of a real judge it would be laughed out of court. "I Lean to trump" Cannon is Comfortably_Numb Mar 13 #1
The judges aren't going to save us. MOMFUDSKI Mar 13 #2
Not in time, anyway. TwilightZone Mar 13 #4
Not to mention what he says about the PRA slightlv Mar 13 #3
Suggested ruling liberalgunwilltravel Mar 14 #5
Fever dream indeed! It's mine too. lark Mar 14 #6
He never gets tired of begging. twodogsbarking Mar 14 #7
And the puppet says...? republianmushroom Mar 14 #8
Like all innocent defendants do! Brainfodder Mar 14 #9
Judge says tossing out Espionage Act in Trump case would be 'extraordinary step' Yo_Mama_Been_Loggin Mar 14 #10
"The dotard wants to toss out a statute that's over 100 years old." BumRushDaShow Mar 14 #11

Comfortably_Numb

(3,809 posts)
1. If this were in front of a real judge it would be laughed out of court. "I Lean to trump" Cannon is
Wed Mar 13, 2024, 08:40 PM
Mar 13

not a legitimate judge. She just needs to screw up enough to get this appealed up to the 11th circuit so they can kneecap her and send her back to obscurity. Sickening partisan hack.

TwilightZone

(25,471 posts)
4. Not in time, anyway.
Wed Mar 13, 2024, 11:31 PM
Mar 13

Keeping him out of office in November was always going to be the most-likely and primary option.

The legal system may eventually catch up with him, but we'll more than likely need to keep him out of office first, the way things are looking now.

slightlv

(2,810 posts)
3. Not to mention what he says about the PRA
Wed Mar 13, 2024, 11:18 PM
Mar 13

is the exact opposite of what the PRA actually denotes! He can read things backwards, forwards, and sideways for all I care, but the words mean what the say. If this was anybody but Cannon, I'd say he doesn't have a leg to stand on. However, I'm afraid Cannon will offer up one of her own to him.

Hopefully this will be such a dumb, error ridden judicial decision it'll finally cause the 11th circuit to kick her off the case... if not out of court and back into law school!

5. Suggested ruling
Thu Mar 14, 2024, 05:27 AM
Mar 14

The court denies the defendant’s motion to dismiss and orders the be defendant summarily executed at dawn.

/fever dream/

lark

(23,102 posts)
6. Fever dream indeed! It's mine too.
Thu Mar 14, 2024, 09:09 AM
Mar 14

Reality is her dismissing the case and it being hauled up to the 11th on appeal along with a request for a new judge.

Yo_Mama_Been_Loggin

(108,001 posts)
10. Judge says tossing out Espionage Act in Trump case would be 'extraordinary step'
Thu Mar 14, 2024, 02:21 PM
Mar 14

FORT PIERCE, Fla. — Presumptive GOP presidential nominee Donald Trump listened carefully in court Thursday as his lawyers tried to convince a federal judge that the laws about classified documents are so vaguely worded, the criminal charges against him should be dismissed.

U.S. District Judge Aileen M. Cannon heard two hours of legal jousting between prosecutor Jay Bratt and defense lawyer Emil Bove, who argued the language of the World War I-era Espionage Act that Trump is charged with breaking is too unclear to be the basis of an indictment against the 45th president of the United States. For most of the morning session, Cannon seemed to take the argument seriously. Toward the end, however, she hinted at an underlying skepticism toward Trump’s request.

“You would agree that declaring a statute is unconstitutionally vague is quite an extraordinary step?” Cannon asked Bove.

As a judge overseeing the first-of-its kind case, in which a former president is charged with dozens of counts of violating national security laws by stashing classified documents at his home after he left the White House, Cannon has been careful not to say too much about her thinking in these pretrial hearings.

https://wapo.st/3v8cwWX

The dotard wants to toss out a statute that's over 100 years old.

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