There's a lot of speculation that Judge Cannon is deliberately trying to delay her case in order to help Trump. She has delayed setting a fixed court date, which wold necessitate implementing basic procedures that need to be completed prior to the actual trial.
The speculation is that she knows the temporary May date that she is loosely holding on to will undoubtedly need to be moved, But she's going to delay moving her date as long as possible to keep the space "filled".Basically many people feel that she is purposely holding on to May as a target date in order to prevent any other trial court being able to successfully fill the vacated May slot.
She has also so far been able to refrain from issuing written orders where she will violate a CIPA rule and allow Jack Smith to go to the 11th Circuit and move for her dismissal.Eventually she'll have to shit or get off the pot and Smith will pounce. But for now he is biding his time and waiting for her to screw up...
Part of it is that she has no idea what she is doing, and has never handled a CIPA case before. As a result she is in her eagerness to accomodate team Trump, basically violating provisions of CIPA procedure. As yet she hasn't committed anything to an official written order that is directly challengeable.
For example, the law does not allow for anyone but the Govt and Judge to be privy to the meeting where it is determined which documents can safely be presented at trial and which ones are too sensitive to even be allowed in Court. After Trump's attorneys filed to be allowed to attend ,rather than summarily denying the motion,as the law prescribes she created a "briefing meeting" where the idea could be "considered".
It's just another delay tactic and not even allowed under CIPA, but it's a way for her to continue to delay the ongoing process informally, without issuing an actual written order which is subject to review/discipline. Remember she tried this kind of move early on, and the same very Conservative 11th Circuit that Smith would go to now already smacked her down.
Unlike Cannon (and apparently Trump's legal team) Smith has a very thorough understanding of CIPA law, so she has to tread very carefully. He takes this shit very personally, and I'd say he is going to force her to get with the program, conduct the case the way the law prescribes, or he is going to get rid of her.
He has laid a number of rhetorical traps which again she has been able to avoid by not making any official moves that would get her in trouble. But he's going to continue to push and force her to either settle into a schedule in line with a May trial date, or admit that isn't possible and free up May for another trial. Possibly the DC case...
Now I probably haven't done a good job of explaining all that, but it sort of sets the stage for Smith's latest filing in the case. On Fri he filed a response (which I'm told is unusal) to counteract some of Trump's lies about the nature of the case. Maybe he is trying to impress upon Cannon the gravity of the charges involved, and counter Trump's claims that he's the victim of a political witchunt. Here is the Politico article discussing Smith's Fri filing...
The routine filing features a public rebuttal of “misimpressions” allegedly fueled by the former president.
www.politico.com
Now if any of this interests you and you're like me in feeling like you benefit from video presentations more than just reading about something yourself , Glenn Kirschner provides a useful breakdown. Full disclosure Glenn who is a former US Attny is an unabshed liberal and works for MSNBC.
He's not someone I watch a lot of videos from, his tag line is hokey, and sometimes he strikes me as a little pompous. And in most cases he is just adding to stories I already know about.
But one part of this story really grabbed my attention, and I thought others might find it interesting as well. Esp when one of the defenses for Trump's actions is people claiming that MAL was a "secure fortress"...
This excerpt from the Politico article appears to underscore Smith's attempt in the filing to wake Cannon up to the gravity of the situation...
"The brief is also peppered with factual claims that make Trump’s behavior sound more serious and egregious. When discussing the defense’s request for more information from the Secret Service, prosecutors assert that their interaction with the federal agency that guards the president and his family underscored Trump’s recklessness in keeping a large volume of classified information at his Florida home, which also serves as a social club and a site for political and social events with lengthy guest lists.
The Secret Service reported that “of the approximately 48,000 guests who visited Mar-a-Lago between January 2021 and May 2022, while classified documents were at the property, only 2,200 had their names checked and only 2,900 passed through magnetometers."
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