Cannon seemed to invite Trump to raise the argument again at trial, where Jack Smith canā€™t appeal, expert says

U.S. District Judge Aileen Cannon on Thursday rejected one of former President Donald Trumpā€™s motions to dismiss his classified documents case.

Cannon shot down Trumpā€™s motion arguing that the Espionage Act is unconstitutionally vague when applied to a former president.

Cannon after a daylong hearingĀ issued an orderĀ saying some of Trumpā€™s arguments warrant ā€œserious considerationā€ but wrote that no judge has ever found the statute unconstitutional. Cannon said that ā€œrather than prematurely decide now,ā€ she denied the motion so it could be ā€œraised as appropriate in connection with jury-instruction briefing and/or other appropriate motions.ā€

ā€¦

ā€œThe Judgeā€™s ruling was virtually incomprehensible, even to those of us who speak ā€˜legalā€™ as our native language,ā€ former U.S. Attorney Joyce Vance wrote onĀ Substack, calling part of her ruling ā€œdeliberately dumb.ā€

ā€œThe good news here is temporary,ā€ Vance wrote. ā€œItā€™s what Iā€™d call an ugly win for the government. The Judge dismissed the vagueness argumentā€”but just for today. She did it ā€˜without prejudice,ā€™ which means that Trumpā€™s lawyers could raise the argument again later in the case. In fact, the Judge seemed to do just that in her order, essentially inviting the defense to raise the argument again at trial.ā€

    • brianorca
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      4 months ago

      In the US model of justice, the judge decides questions of law, and the jury decides questions of fact. This order appears to delegate a law question (ā€œis it constitutional?ā€) to a jury during the trial. If the jury finds the defendant innocent, then double jeopardy prevents any appeal which would change that verdict. Nobody, once declared innocent, can be put on criminal trial again for the same incident.

    • @Natanael@slrpnk.net
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      4 months ago

      When a trial involving a jury has resulted in a judgement of innocence it canā€™t be appealed under pretty much any circumstances at all. The only way to appeal from the prosecution when they didnā€™t win is if itā€™s a hung trial / mistrial or equivalent error and there wasnā€™t a ruling of innocence.

      (under US law, plenty of other countries have some ability to appeal if they believe there was some serious error or new evidence has been found)

    • @thisbenzingring@lemmy.sdf.org
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      4 months ago

      Not everything can be appealed. Especially if something is dismissed with prejudice, thatā€™s basically calling it officially dead.