In this episode, they discuss Trump's response to Judge Cannon's order and the legal developments in New York regarding Trump. They also analyze defense strategies in legal cases, judge's unconventional legal scenarios, and Trump's search for a bond lender. The discussion highlights the complexities of legal processes and the challenges faced in high-profile trials.
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Quick takeaways
Jack Smith dismantles Trump's erroneous legal premises.
Challenges proposed jury instructions on document classification.
Veiled threat of mandamus filing for appellate review readiness.
Highlight of Fitton's influence on Trump's defense narrative.
Deep dives
Rejection of Erroneous Legal Premises
The core of Jack Smith's response to the court involves rejecting the erroneous legal premises presented in Trump's defense. He highlights the flawed legal suppositions and the factual shortcomings in the arguments advanced by the defense team. Smith asserts that incorrect jury instructions based on the proposed scenarios would be deeply flawed and counters Trump's defense strategy at every turn.
Challenge to Proposed Jury Instructions
Smith challenges the proposed jury instructions presented in the scenarios assigned by the court. He criticizes the premise that the jury should determine the classification of documents as presidential or personal, highlighting the irrelevance of presidential record designation in this context. He underscores that the proposed instructions are based on erroneous legal propositions supporting Trump's defense.
Threat of Mandamus Filing
In a bold move, Smith leaves a veiled threat by referencing the potential filing of a writ of mandamus. By calling attention to this extraordinary remedy, he signals a readiness to seek appellate review if the court does not reject the flawed legal premise put forth in Trump's defense. This highlights the gravity of the situation and the necessity for clarity in the legal proceedings.
Unveiling the Role of Tom Fitton
Smith dedicates detailed sections to elucidate the central role of Tom Fitton in shaping Trump's defense. He points out the direct influence of Fitton's advice in determining Trump's defense strategy and contends that the defense narrative pivoted based on Fitton's counsel. This narrative is crucial to demonstrating the flawed origins of Trump's legal arguments.
Demand for Timely Adjudication
Smith emphasizes the urgency of a clear decision by the court to avoid jeopardy attaching before a conclusive ruling. He highlights the necessity for a prompt resolution on the motion to dismiss and reiterates the potential for appellate review through a mandamus petition if legal clarity is not established swiftly. This underscores the need for judicial decisiveness in the proceedings.
Judge's Handling of Trial Procedure
The podcast delves into the judge's handling of the trial procedure, highlighting delays in moving towards an actual trial. It mentions the absence of scheduled trials, evidentiary issues, and the lack of finalized defense strategies. The discussion emphasizes the deviation from standard trial procedures and the judge's focus on non-essential matters, leading to further delays in the legal process.
Challenges with Posting Bond
Another key focus is on the challenges faced in posting bond for the case, particularly highlighting Trump's struggles in securing a bond for a civil case judgment. The episode discusses the rejection of a bond filing due to missing required documentation and the subsequent legal steps taken by the attorney general. It sheds light on the complex process of posting bonds and the implications of improper filings in legal proceedings.
It's time for a round of Trump updates, starting in Florida with the responses to Judge Aileen Cannon's weird request that the parties try making up new law that she could try out on a jury if this case ever finally makes it to one. Is Jack Smith's response to this nonsense everything we'd wanted? And what happens when you actually try to sit down read anything that the Trump defense team has filed as if it were a serious legal document? We then turn to recent legal developments in New York, where a subprime auto lender has totally failed to post Trump's bond and Judge Merchan finally had to get around to putting in writing that the world's most famous criminal defendant isn't allowed to go after his family.