UnJustified

She did it! Judge Aileen Cannon dismissed the Mar-a-Lago case. She bought Justice Clarence Thomas’s drive-by concurrence in the immunity ruling saying Jack Smith was appointed unconstitutionally.

Jack Smith has requested permission from Merrick Garland to appeal Cannon’s ruling.

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The immunity question will be in Judge Chutkin’s court very soon. It’s unlikely that we’ll get a public hearing to decide what evidence is admissible.

In Florida, Judge Cannon denied  de Oliviera’s motion to dismiss based on selective and vindictive prosecution.
Plus, listener questions and more!

Hugo Lowell
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Allison was a guest on ABC Radio National | Sunday Extra to discuss the immunity ruling

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Sunday Extra presents a mix of national and international affairs, analysis and investigation with Julian Morrow

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Steve Vladeck joins Allison and Andy to discuss the immunity ruling from SCOTUS. The Roberts Court showed that it is more beholden to ideology than the Constitution.
What’s next for the Trump prosecutions? 
What’s next for the country?

Steve Vladeck
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Judge Cannon is off on several side quests. Including hearings on alleged violations of Trump’s 4th Amendment rights; the funding of the Special Counsel; Evan Corcoran’s notes.
She’s also called for briefings on Trump’s motion to dismiss based on spoliation of evidence.
We have updates to Jack Smith’s motion to modify Trump’s bail conditions and information about a previously unknown trip Trump took from Bedminster to Mar-a-Lago before the search to check on his boxes.

The Supreme Court handed down its ruling on the Fischer case. How does their interpretation of 18 U.S. Code § 1512 affect Trump’s indictment?

Plus, a listener question.
 

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It has come to light that two “more experienced” judges urged Cannon to recuse herself from the Mar-a-Lago documents case. One of them was Chief Judge Altonaga. Nevertheless, Cannon stayed on the case and has turned it into a complete mess.

America First Legal– a Stephen Miller joint– has been allowed to participate as amici.

We are still waiting on SCOTUS to drop their Presidential Immunity opinion so the DC case can proceed.

Plus, listener questions.

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Judge Cannon struck a paragraph from Trump’s indictment and denied denied Trump’s motion to dismiss on insufficient pleading grounds. She may have made a significant legal error in one of her rulings. 

Trump filed a new motion to dismiss claiming spoliation of evidence.

All this and more!

Plus, a listener questions and more.

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Again, Judge Cannon has rearranged the pre-trial schedule AND is allowing oral arguments from non-parties in a hearing about whether Jack Smith was appointed and funded appropriately. This is the same sort of motion to dismiss that Judge Chutkin dismissed in a matter of days.

We have an update on Jay Bratt’s motion to modify bail conditions that he refiled since our last episode.

Walt Nauta’s attorney cops to missing filing deadlines.

Federal law enforcement is still investigating the Michigan fraudulent electors scheme.

Plus, a listener question and more.

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Judge Aileen Cannon has denied DoJ’s motion to modify Trump's bail conditions. The Smith team filed the motion without conferring with Trump, but not on an emergency basis. She also denied Trump’s request for sanctions.  Jack’s team has refiled their motion after conferring with Trump’s lawyers.

Cannon calls for briefs in an upcoming hearing to determine whether the appointment of Jack Smith is lawful.

Andy and Allison also detail why this case was brought in Florida and not D.C.

Trump was found guilty on all 34 felony counts in New York.

Plus, a listener question.

The latest:

Government’s Motion for Modification

of Conditions of Release 
https://s3.documentcloud.org/documents/24712899/592-usa-mt-modify-conditions.pdf

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Judge Aileen Cannon continues to complain– after much deliberation– about having to grant DoJ’s motions. 

Trump’s lawyers deceive the court in their motion to dismiss by mischaracterizing the language in the Mar-a-Lago search warrant. Hearings on that got heated. 

DoJ files a motion to modify Trump’s bail conditions.

Chief judge for the D .C. District Court denied Walt Nauta's overly broad bid to release all grand jury matters related to the investigation to the Florida court.

Plus listener questions and more.

Government’s Motion for Modification

of Conditions of Release
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.581.0.pdf

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The Threat: How the FBI Protects America in the Age of Terror and Trump

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