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Bill Smith's avatar

Hang on, who was it who requested an "anticipatory finalization of jury instructions" in the first place? This lady just does not get it. My entire adult life had been coming to a working understanding of what my father meant when he told me "you can't fight stupid".

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Bryan Sean McKown's avatar

TCinLA, kudos for the laser-fast posting of Judge (sic) Cannon's Order on the PRA defense (not).

I will pass for now the obvious weasel words & go straight to Cannon's FALSE recitation of Special Counsel, Jack Smith's positions on how & when modifications of jury instructions are handled under settled Circuit law.

Cannon: " ... to the extent Special Counsel demands [ Jack did not do so] an anticipatory finalization of jury instructions prior to the presentation of defenses of trial defenses [ Jack did not do so - Cannon committed this fatal error ] & evidence [that was Cannon again ] the Court declines ... " blah, blah, blah ... further BS.

Settled Circuit Law: " A Defendant is entitled to have the theory of the defense" now some emphasis added "As long as it has SOME BASIS in the EVIDENCE & has LEGAL support". USA vs David Grigsby (1997). Neither Trump nor Cannon have any law much less evidence. This ia an Espionage Act case not a PRA case bozo.

Other Circuit cases are in accord: USA vs Morris (1994) & USA vs Orr (1987) & many cases cited therein.

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