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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    2 months ago

    It must be nice to live in a world where you appoint your own judge. It’s time for Smith to take action. A judge can be removed in “any proceeding in which his impartiality might reasonably be questioned.” This is not impartiality.

    https://casetext.com/statute/united-states-code/title-28-judiciary-and-judicial-procedure/part-i-organization-of-courts/chapter-21-general-provisions-applicable-to-courts-and-judges/section-455-disqualification-of-justice-judge-or-magistrate-judge

    • gregorum
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      2 months ago

      Smith has been working on getting this crazy Judge removed for a while…

      • disguy_ovahea@lemmy.worldOP
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        2 months ago

        He hasn’t filed anything yet. She was way off base asking for jury instructions so early. Not to mention the PRA pre-trial defense was struck down without prejudice, meaning the defense may use it in the trial. Removing the trial from the calendar entirely is the icing on the cake.

        • gregorum
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          2 months ago

          He certainly has and has a history of doing so.

          He hates her for all the right reasons, and is doing anything he can to get her removed from the case.

          Edit: tbf, so is she

          • disguy_ovahea@lemmy.worldOP
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            2 months ago

            He has absolutely pushed back on her requests and challenged her decisions. He hasn’t done anything to get her removed yet. That would be filing a motion for recusal based on lack of impartiality.

            • Zoboomafoo@slrpnk.net
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              2 months ago

              From what I’ve heard he only gets one shot at a motion for recusal, so he’s waiting until there’s no chance the recusal will be denied.

              Or so I hope

            • gregorum
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              2 months ago

              This ruling from her may have been the last straw he was waiting for before he files the motion for her to recuse.

              He gets one shot at this, and he better not miss. That’s why he’s waiting until he has the absolute best chance he can have.

          • Hildegarde@lemmy.world
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            2 months ago

            Without prejudice is a legal term.

            If something is denied without prejudice it means it was denied for some sort of procedural reason. As the underlying question of law hasn’t been ruled on, you are free to refile after correcting whatever error got it denied.

            If something is denied with prejudice, it cannot be refiled as the judge made a judgment on the legal claim and denied it on that basis.

    • ghostdoggtv@lemmy.world
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      2 months ago

      The judges impartiality is in question. The judge is demonstrating partiality to one side of the case.

      Impartiality would imply that she’s not partial to one side or the other when she’s clearly favoring the defendant.