Biden/Obama’s DOJ Is as Rude as Ever in Today’s Hearing in the Mar-a-Lago Raid Case in Florida | Joe Hoft


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Biden/Obama’s DOJ Is as Rude as Ever in Today’s Hearing in the Mar-a-Lago Raid Case in Florida

Today in Florida, Judge Cannon continued her questioning of the DOJ’s acts related to the case in Florida.  The DOJ was not cooperative. 

Julie Kelly was there and she added some context to what was shared:

Before I address what happened today in FLA hearing, I want to share an observation.

Judge Tanya Chutkan had a choice to hold a hearing on Trump motion to dismiss based on presidential immunity. This should have been a no brainer.

This is what Judge Cannon is doing related to numerous defense and DOJ substantive motions, recognizing the historic nature of the indictment.

A hearing ordered by Chutkan might have resolved some of the issues raised during SCOTUS oral arguments related to which elements of Jack Smith’s J6 indictment fell under presidential authority and which perhaps represented personal conduct.

But she didn’t. She took the 52-page motion, filed on Oct 5, 2023, and refused to hold an evidentiary hearing into the unprecedented matter. Her mind, of course, already made up.

She issued her ruling on Dec 1, less than 2 months later, without any debate in court.

The DC appellate court rubberstamped her ruling one month after oral arguments–something that apparently did not sit well with a majority of the justices including Chief Judge John Roberts.

If SCOTUS kicks this back to Chutkan or appellate court for a finding of which allegations in Smith’s indictment are presidential v personal, Chutkan should be the one to blame for not doing this in the first place.

In her haste to get the case to trial by March 4, she circumvented a more careful approach that might have eliminated some of SCOTUS’ concerns.
Too bad–for DOJ–she didn’t go the Judge Cannon route. Now there is a strong possibility her arrogant and political handling of this unprecedented question will catch up with her.

Here is Kelly’s tweet.

Here is Kelly’s notes on the hearing on the gag order today.

From FLA courthouse: Gag order hearing just ended. Will have details shortly.

Overall, the bad behavior by Jack Smith’s team continues. David Harbach, one of the lead prosecutors, almost got himself tossed out of court this afternoon.

After several minutes of Harbach’s condescending tone–uptalking and slowly speaking as if he were addressing a child–Judge Cannon had had enough.

Cannon: “Mr. Harbach, I don’t appreciate your tone. I expect decorum in my courtroom at all times. If you cannot [act appropriately], one of your colleagues can.”

{Keep in mind there are no electronic devices allowed so I must rely on my scribbled notes but this is very close to what was said.)

He only got marginally better. At the end of his exchange with Cannon, he apologized to her. “I didn’t mean to be unprofessional.”

Ah but he did. He is not just demeaning to her, it’s almost like he’s tempting her to excuse him from the proceedings.

Keep in mind, during the last hearing, Cannon had to ask Harbach to “just calm down” as he was pounding on the podium and have a temper tantrum.

Aren’t you all so glad we are paying these clowns?

Here is Kelly’s tweet:

Next Kelly prepared us for what is coming next.

From FLA courthouse: Debate over constitutionality of Jack Smith’s appointment just concluded after a full day Friday and this morning.

A weedy discussion about which statutory/regulatory authority permits Smith’s appointment. Judge Cannon again pressed both sides to make their case with some discussion about independence v oversight of special counsel’s team as well as superior v inferior officer–DOJ claims Smith is the latter.

This clearly is another example of Congress falling down on the job (!) by not tightening up special/independent counsel regs and exercising appropriation oversight.

But IMO the most revealing part of the hearing related to funding for Smith’s office.

The special counsel has not released a financial report since Sept 2023 in violation of the 6-month reporting requirements.

Cannon asked James Pearce, representing DOJ this morning, about the status of the report. Pearce said the report was completed in March 2024 but is undergoing some sort of review process.

Cannon: “We are now in June.”

She drilled down–or attempted to–on what she described as the “permanent and indefinite” appropriation for Smith’s office. She noted the funding is “limitless” and not subject to any cap.

Pearce came up with 2 examples (I have to go back and read) in the law that permits this sort of spigot of public funding. When Cannon suggested his vague examples might not survive the court challenge, Pearce quickly responded that DOJ would find an “alternative” funding source.

He emphatically stated that the DOJ “will fund this prosecution.”

Cannon was not impressed, expressing concern at “the ease with which the DOJ can find another funding source.”

(Not sure Pearce’s quip helps bolster his argument that Smith’s appointment and appropriations for the dual prosecutions is as cut-and-dry and the DOJ insists.)

Emil Bove, representing Donald Trump, continued to push for specific answers as to how much oversight AG Merrick Garland has over Smith. DOJ basically admitted there is some but not “day to day.”

Bove argued Smith’s operation requires “interaction between Congress” but it is “nonexistent.”

“There is no oversight by Congress for the extraordinary and unprecedented things that are happening in this case.”

Bove closed the hearing by asking a question related to this afternoon’s hearing–Smith’s proposed partial gag order on Trump banning him from making critical statements about law enforcement officials involved in the documents case and FBI raid of Mar-a-Lago.

Bove: Smith’s proposal is a “truly extraordinary effort to gag [Trump] speech on the debate stage and the campaign trail.”

“Did the Attorney General approve this?”

We might get a straight answer during next hearing set for 3pm. I anticipate many

Here is Kelly’s tweet:

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