No. of Recommendations: 7
THIS ---> Question: wasn't Butler's eyewitness testimony enough to get a search warrant for Bedminster so this case could have been filed in New Jersey in front of a real judge?
Maybe the existence of this NJ aspect was known and kept separate from the Florida charges as a safety measure. One rationale many people read into the decision to file in Florida was that Smith wanted to project confidence about the clarity and severity of the charges by filing them in a "red" federal court district rather than appearing to shop for a court venue (like the DC district that handles cases for Washington DC) expected to be more friendly to a case against Trump. Of course, I don't think ANYONE could have imagined the judge selected for the case could have turned out to be so consistently incompetent and corrupt.
That decision might have also been made to more accurately reflect the actual law driving the prosecution and the facts as Smith and company intended to argue them. The CRIME involved here is not the ACCIDENTAL taking nor the ACCIDENTAL possession of top-secret documents. The CRIME lies in the INTENTIONAL taking and / or the INTENTIONAL housing of top-secret documents. Smith had no way (and no witnesses) to understand the mindset of Trump and his movers on 1/20/2021 as they packed to move out of the White House, but he CAN prove intent starting in Florida once the National Archives notified Trump they knew he had top-secret documents and he not only failed to return them immediately but took repeated steps to MOVE and HIDE the documents from recovery even under subpoena. THAT is where Smith can prove criminal intent began so therefore the charges were filed in Florida.
At the time of the original indictment, it isn't clear if prosecutors knew documents were subsequently relocated to NJ. Those facts came out later based on interviews of reporters who met with Trump in New Jersey. If they have texts and phone calls originating from Trump and his employees while IN New Jersey coordinating the further relocation / obfuscation of top-secret documents, there could be an argument for filing different COUNTS of the same charges in a New Jersey court without triggering legitimate claims of double jeapordy. Sady. at this point, it may come to that. I keep expecting to wake up one morning, scan the headlines, and find Cannon has invented some rationale to magically dismiss this case entirely. Her reasoning will be completely flawed but if I understand criminal trial procedures, dismissal of a case by a judge with prejudice CANNOT be appealed by prosecutors. If the judge is found to have done so for flawed / unethical reasons, the JUDGE can then be subjected to investigation / impeachment / removal but that DECISION is still final.
WTH
