WASHINGTON (AP) — The federal judge in Florida presiding over the classified documents prosecution of former President Donald Trump has canceled the May 20 trial date, postponing it indefinitely.

    • disguy_ovahea@lemmy.worldOP
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      6 months ago

      While that may explain a lack of impartiality, it doesn’t justify it. She’s held to the same standard as any other judge. All the more reason Smith should file a motion for recusal.

      • xkforce@lemmy.world
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        6 months ago

        Just because something is supposed to happen does not mean that it will. By all rights Trump should have been kicked out of office and be sitting in jail right now but he isnt. Just like Nixon and a whole cadre of others that slithered away without facing any real consequences.

        • asteriskeverything@lemmy.world
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          6 months ago

          Just because things that should have happened and didn’t, doesn’t mean this time it won’t. This judge may face repercussions. It may not be any that impact the trump case though

          • xkforce@lemmy.world
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            6 months ago

            Id love to be wrong here but Trump has been impeached twice (which did jack shit because the republicans in the senate would have had to help convict him) and the only real consequences for what hes done were in civil trials and even that was monetary. They didnt even make him pay the bail bond he was initially “required” to pay. He’s been threatened with consequences for contempt of court over a dozen times now.

            Unfortunately the best predictor of the future is the past and the past hasnt laid a hand on him.

              • xkforce@lemmy.world
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                6 months ago

                Has anyone in a position of authority ever faced consequences for this? Because in Cannon’s case, you’d have to prove that she didn’t have a legitimate reason to do what she did and that it rose to the level of an ethics violation deserving of punishment. Which we can infer given the obvious conflict of interest but if that was enough to punish her it would have probably happened by now. And the standard for evidence required to punish a judge like that is reasonably high.

            • Schadrach@lemmy.sdf.org
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              6 months ago

              the only real consequences for what hes done were in civil trials and even that was monetary.

              Civil trial consequences are always only monetary - you can’t go to prison for a civil case. That’s part of why civil cases get away with having a much lower standard of evidence - essentially the plaintiff wins a civil case if it’s even slightly more likely than not but a prosecutor has to prove guilt beyond a reasonable doubt.

              They didnt even make him pay the bail bond he was initially “required” to pay.

              The purpose of that sort of bond is to prevent you from using funds you should use to pay damages on lawyers to fight the case further, not to prevent you from being able to fight it at all. By the point the bond was reduced the court had their eyes in his accounts and knew exactly what he could afford and could make some rough estimates based on the shakier parts of the assigned damages where damages might end up on appeal (it’s pretty common for damages to be reduced on appeal). I’d be willing to bet that the reduced bond was either close to what Trump could actually get without selling slow-to-liquidate assets (aka real estate) or close to where the court thinks damages might end up. You’ll notice he started hawking Bibles almost immediately afterward, likely because he needs more liquid funding in the short term.

              He’s been threatened with consequences for contempt of court over a dozen times now.

              I believe he’s been fined for it several times now, but the fine is set by law and is an amount that’s a pittance to Trump. Jailing him is an option but complicated since most jails don’t have remotely the capacity or security of a real prison and you’ve still got to figure out how to work his Secret Service detail into the picture. And also the protests from his cult if/when that happens.

              • xkforce@lemmy.world
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                6 months ago

                Civil trial consequences are always only monetary - you can’t go to prison for a civil case. That’s part of why civil cases get away with having a much lower standard of evidence

                Which is exactly why I mentioned it. He has never faced consequences from criminal charges, only civil court.

                You’ll notice he started hawking Bibles almost immediately afterward, likely because he needs more liquid funding in the short term.

                He would have done that regardless of whether he “needed” funds or not. Like most obscenely rich people, there is no such thing as “enough” wealth.

                I believe he’s been fined for it several times now, but the fine is set by law and is an amount that’s a pittance to Trump.

                Which doesn’t really contradict my point that he effectively hasn’t faced any real consequences.

                you’ve still got to figure out how to work his Secret Service detail into the picture.

                He’s a criminal. He shouldn’t be afforded the same security detail as his predecessors that weren’t. We don’t “have to” do anything. It was just decided as a society that this man, and others like him, should be given privileges that others don’t have.

                And also the protests from his cult if/when that happens.

                This should never ever ever factor into what his punishment is. A functioning society needs a justice system that doesn’t cave to mobs.

                Everything about this is abhorrant.

                • Schadrach@lemmy.sdf.org
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                  6 months ago

                  Which is exactly why I mentioned it. He has never faced consequences from criminal charges, only civil court.

                  You don’t face consequences from criminal charges until you are convicted, which hasn’t happened yet. Or someone is trying to make an example of you ala Kevin Mitnick.

                  He would have done that regardless of whether he “needed” funds or not. Like most obscenely rich people, there is no such thing as “enough” wealth.

                  I mean yeah, he’s absurdly rich and greedy but I don’t think he would have gone the route of Bible salesman like that if he wasn’t pinched for funds. Or he would have back when he posed for that photo of him holding the Bible upside down. It’s not a coincidence that the Bible sale started less than 48 hours from the bond being reduced.

                  Which doesn’t really contradict my point that he effectively hasn’t faced any real consequences.

                  He hasn’t been convicted of a crime yet. Until he is, he’s not going to prison. That’s pretty fundamental to how the criminal justice system works. He’s got damages levied against him that he’s going to challenge and probably have reduced some (that’s how it often goes), and had to put up $175M as a bond that will immediately go towards said damages after his appeal.

                  He’s a criminal. He shouldn’t be afforded the same security detail as his predecessors that weren’t. We don’t “have to” do anything. It was just decided as a society that this man, and others like him, should be given privileges that others don’t have.

                  You’d have to legally revoke his security detail, and even then you probably don’t want to - as a former President he’s a valuable asset because of what he might know despite his seemingly poor retention. As well as the sway he has over his cult. You ideally want to imprison him separate from all other prisoners with his security detail living on site if possible. I’ve said before the easiest way to make that happen is to convert the SHU at a medium-large prison into a sort of “Presidential suite” to house Trump and his security detail. No one else enters or leaves the unit, anything going in or out goes through both prison security and SS security.

                  It’s a side bonus that it prevents inmates from being thrown in solitary at the same time. And a proper prison is easier to defend from “protesters” than most jails are, and which prison he is sent to should take the possibility of an attack by right wing nutters into consideration.

                  This should never ever ever factor into what his punishment is. A functioning society needs a justice system that doesn’t cave to mobs.

                  It does, but only because you have to plan around it happening. Most jails aren’t really set up to deal with that sort of thing, and contempt sends you to jail, not prison. So you have to figure out how to do that without causing a bunch of innocent people to be injured or killed as a consequence. Ideally before you put him in the jail. And where to send the people you’d normally jail there, because he’s going to take up excessive space for the same security-related reasons he will in prison.

              • kent_eh@lemmy.ca
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                6 months ago

                but complicated since most jails don’t have remotely the capacity or security of a real prison and you’ve still got to figure out how to work his Secret Service detail into the picture. And also the protests from his cult if/when that happens.

                Which are all things the judge acknowledged in his statement ashen he handed down the most recent contempt ruling.

                Like it or not, there’s a lot more considerations to this than simply “lock him up”.

        • Schadrach@lemmy.sdf.org
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          6 months ago

          By all rights Trump should have been kicked out of office and be sitting in jail right now but he isnt.

          Blame the Senate, kicking him out of office was literally their job.

      • exanime@lemmy.world
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        6 months ago

        She’s held to the same standard as any other judge.

        which seems to be no standard at all…

        All the more reason Smith should file a motion for recusal.

        yet he inexplicably does not… hmm I wonder

        • disguy_ovahea@lemmy.worldOP
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          6 months ago

          He has not, but while her actions have been unconventional, she’s toed the line a bit when challenged. I’m hoping that removing the case from the calendar entirely is what pushes Smith to act.

          • exanime@lemmy.world
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            6 months ago

            I can bet you one million internet points he will not move against her.

            Believe me, I will be very happy to lose this bet to you… but I have been burnt too many times to believe that will happen

        • Beetlejuice001@lemmy.wtf
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          6 months ago

          We should have been rioting a long time ago. All the “it takes time for airtight case” and “ you only get one shot at the king” boiling frogs

      • Xanis@lemmy.world
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        6 months ago

        That standard, on a normal day, is “Hey Judge? Do whatever the fuck you want long as it’s legal.” on a bad day that legality isn’t even a question.

        One of the bad things about the US is how you can get a 5 year sentence from Judge A and a court order to do community service from Judge B, both trying you for the same thing.

      • clutchtwopointzero@lemmy.world
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        6 months ago

        She is tought to be held at same standard but unfortunately there seems to be no institutional mechanism that reviews her performance and decisions…

    • Schadrach@lemmy.sdf.org
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      6 months ago

      I don’t think anyone was surprised that this was coming, more or less regardless of which judge it was. The original court date was a week and three business days from now, it’s entirely possible Trump will literally still be on trial for the hush money case when the trial date for the documents case was set.

      I’ll be more upset if a hearing to set a new date for the documents trial isn’t scheduled shortly after the hush money trial concludes.