It is very unlikely that the trial court will even have jurisdiction to rule on this motion or to have its own mini-trial prior to the election,
As a consequence, it’s rather unlikely that Jeff Clark will ever be tried alongside Donald Trump at the same time,
The media has been mostly criticizing Trump for trying to go slow, but they have omitted the reality that the other side is trying to go much faster than usual, and Jack Smith admitted it,
It may be an incidental effect of the Supreme Court's decision that she might seem to have gotten a degree of vindication, but I'm not so sure about that,
For all of the criticism of Judge Cannon in Florida for holding hearings and considering arguments, this is why it is important to give serious and sufficient attention to these questions,
Because those courts categorically rejected any form of Presidential immunity, they did not analyze the conduct alleged in the indictment to decide which of it should be categorized as official and which unofficial,
The decisions aren’t coming quick enough. She’s asking too many other people to come in and give their opinions,
I do, ... I think Cannon is doing a very thoughtful job."
She was wrong as was the D.C. Circuit,
She's just taking a pretty long time to decide stuff that, while it might not be completely routine, given the specifics of the case, she's taking longer to decide the kinds of pretrial motions that are usually decided more quickly,
Respecting the protections that the Constitution provides for the Office of the Presidency secures liberty. In that same vein, the Constitution also secures liberty by separating the powers to create and fill offices,
That core principle has long prevented our Nation from devolving into despotism. Yet the Court now opts to let down the guardrails of the law for one extremely powerful category of citizen: any future President who has the will to flout Congress’s established boundaries,
Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be,
Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done,
Now, in the Jan. 6 case, Jack Smith can't even let the jury know about Donald Trump's communications with the DOJ, which is an essential part of the whole story,
It was no surprise that the Supreme Court said that prosecutors, 'you can not charge somebody based on an official act,'
Now the American people have to do what the court should have been willing to do and will not,
The court also made it very clear that the thumb is on the scale in terms of concluding that these are official acts, that it's the prosecution that bears the burden of demonstrating that these are not official acts,
I think this does hurt the Georgia case quite a lot,
This certainly did not exonerate President Trump or any future presidents from their acts. All it does is essentially create a process pretrial, before the jury hears it, to decide the three buckets. Whether something is a core function official act, whether something is broadly an official act and given presumptive immunity, or … whether it's a private, unofficial act with no immunity,