(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Trump-picked Judge Cannon denies Smith's gag order request [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2024-05-28 Trump is still free to wind up the MAGA morons with claims President Biden and his DOJ are trying to assassinate him. In a paperless order Tuesday morning, Cannon ruled that Smith and his team had not given Trump’s team enough time when he filed his motion on Friday. In that motion, Smith had asked Trump’s lapdog judge to stop her master from making the potential violence-inducing — and absurd — claim the administration was trying to kill him. Cannon wrote: PAPERLESS ORDER denying without prejudice for lack of meaningful conferral 581 the Special Counsel’s Motion to Modify Conditions of Release. Upon review of the Motion 581 [581-1], Defendant Trump’s procedural opposition 583, and the attached email correspondence between counsel [583-1], the Court finds the Special Counsel’s pro forma “conferral” to be wholly lacking in substance and professional courtesy. It should go without saying that meaningful conferral is not a perfunctory exercise. (Bolding mine) Cannon was smart enough not to deny the motion with prejudice, which is appealable. instead, she relied on her go-to tactic of interminable delay while she ‘considers’ Smith’s motion. Cannon, as is her practice, also took some cheap shots at Smith — “lacking in substance and professional courtesy.” This ad hominem is meaningless language. Sufficient time needs to be afforded to permit reasonable evaluation of the requested relief by opposing counsel and to allow for adequate follow-up discussion as necessary about the specific factual and legal basis underlying the motion. Just in case anyone still thinks that Cannon is not delaying the trial indefinitely, she makes clear that she is not interested in progress by saying, “Sufficient time needs to be afforded … “ without saying what “sufficient time” means. A week? A month? A year? She continues: This is so even when a party “assume[s]” the opposing party will oppose the proposed motion [583-1], and it applies with additional force when the relief sought — at issue for the first time in this proceeding and raised in a procedurally distinct manner than in cited cases — implicates substantive and/or Constitutional questions. What substantive and/or constitutional questions? It is a gag order request. Other judges and appeals courts have managed to gag Trump without the building falling down. She continues: Because the filing of the Special Counsel’s Motion did not adhere to these basic requirements, it is due to be denied without prejudice. Any future, non-emergency motion brought in this case — whether on the topic of release conditions or anything else — shall not be filed absent meaningful, timely, and professional conferral. These “basic requirements” seem to exist uniquely in Cannon’s court. Further, she tells Smith he cannot bring “non-emergency” motions until after a “professional conferral.” Which is a fancy way of saying Cannon will sit on it as long as she likes. And I doubt she will consider any of Trump’s motions to be an “emergency.” “Moreover, all certificates of conference going forward shall (1) appear in a separate section at the end of the motion, not embedded in editorialized footnotes; (2) specify, in objective terms, the exact timing, method, and substance of the conferral conducted; and (3) include, if requested by opposing counsel, no more than 200 words verbatim from the opposing side on the subject of conferral, again in objective terms. Cannon is acting like the unconfident but bullying teacher who won’t read an essay submission because the student used the wrong font. Or the line spacing was not to her taste. Failure to comply with these requirements may result in sanctions. In light of this Order, the Court determines to deny without prejudice Defendant Trump’s Motion to Strike and for Sanctions 583. Signed by Judge Aileen M. Cannon on 5/28/2024.(Entered: 05/28/2024) Cannon then warns Smith that if he so much as looks at her the wrong way she will bring the hammer down — “may result in sanctions.” Cannon’s motivation is evident in her ad hominem language. The law requires things to be done a certain way. But is there a statute that demands things be done under the rubric of “professional courtesy?” Cannon seems to have given herself the space to deny Smith anything on the grounds of bad manners. At some point, the presiding 11th Federal Circuit must review Cannon’s foot-dragging, thumb-on-the-scale approach to Trump’s stolen national secrets trial. Hopefully, this will give Smith the ammunition. [END] --- [1] Url: https://www.dailykos.com/stories/2024/5/28/2243231/-Trump-picked-Judge-Cannon-denies-Smith-s-gag-order-request?pm_campaign=front_page&pm_source=more_community&pm_medium=web Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/