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Jack Smith Anticipted Judge Aileen Cannon [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2023-06-13
Legal commentators are wringing their hands about the assignment of Judge Aileen Cannon to “The United States of America v. Donald Trump”.
Unfortunate? Yes.
Unanticipatable? No.
Jack Smith knew this might happen.
Lawyers think like this.
If I do “X”, what is the very best response that the other side can make? What is the worst that can happen? (You need to account for all eventualities.)
What the is our best response/reply? If there is a good one, well, doing “X” makes sense. If there is not a good response, then “X” never happens.
Good lawyers take this thought exercise to another level. What will the next defense move be? If this question cannot be answered in a satisfactory fashion, “X” never happens.
You game it out as far as you can.
Jack Smith is a good lawyer. He has gamed this out by thinking as far ahead as he possibly can about his moves and Trump’s countermoves.
So, why did Jack Smith take the chance that the case would be assigned to Judge Aileen Cannon?
Here is what I think.
The ostensible reason for siting the case in Florida was concern about venue. Venue is a loose, not strict requirement. If any criminal conduct has occurred in a physical location, that is usually enough to support venue in that location. For example, look at the abortion pill case where venue was before quack judge Matthew Kacsmaryk in Texas. Jack Smith has enough conduct occurring in D.C. that he could have had the case filed there. The investigating grand jury did most of its work there. He could have filed in D.C.
If Trump objected to venue in D.C., then he could make a motion to change venue. If the U.S. lost, then venue could be shifted to Florida. No big deal, no big waste of time. So, this alternative was considered and discarded.
What can we conclude from this?
Jack Smith was not that concerned about the assignment to Judge Aileen Cannon.
Why?
The only reason that occurs to me is that Smith believes the case he has developed against Trump is so strong, so indefensible, that even an obviously biased judge cannot derail the result.
Maybe, I am off base on this. I am reacting to the news today. But, Jack Smith has been thinking about this for months along with a talented staff. Every move and countermove have been considered.
The eventuality that Judge Aileen Cannon would be assigned to the case was foreseen and evaluated and determined not to be decisive.
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