Come for the politics, stay for the snark.

I’m more christian than these people and i’m an atheist.

Yeah, with this crowd one never knows.

Democracy cannot function without a free press.

And now I have baud making fun of me. this day can’t get worse.

Weird. Rome has an American Pope and America has a Russian President.

“Facilitate” is an active verb, not a weasel word.

Republicans cannot even be trusted with their own money.

There are no moderate republicans – only extremists and cowards.

This has so much WTF written all over it that it is hard to comprehend.

People really shouldn’t expect the government to help after they watched the GOP drown it in a bathtub.

Let me eat cake. The rest of you could stand to lose some weight, frankly.

No offense, but this thread hasn’t been about you for quite a while.

We know you aren’t a Democrat but since you seem confused let me help you.

Fight them, without becoming them!

There are more Russians standing up to Putin than Republicans.

I swear, each month of 2025 will have its own history degree.

Cancel the cowardly Times and Post and set up an equivalent monthly donation to ProPublica.

… pundit janitors mopping up after the gop

Perhaps you mistook them for somebody who gives a damn.

They traffic in fear. it is their only currency. if we are fearful, they are winning.

Incompetence, fear, or corruption? why not all three?

One lie, alone, tears the fabric of reality.

New McCarthy, same old McCarthyism.

Giving in to doom is how authoritarians win.

You are here: Home / Politics / Trump Indictments / Jack Smith Files an Appeal

Jack Smith Files an Appeal

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DC Indictment News

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82Comments

  2. 2.

    Villago Delenda Est

    Cannon not only needs to be removed from the case, but the bench itself, and disbarred.

  3. 3.

    Old School

    Is there a reason this was only filed a day early rather than a week after Cannon’s ruling?

  9. 9.

    Buckethead

    The brief is a devastating refutation of Cannon

    That’s nice and all, but we’ve been reading devastating refutations of Cannon since the trial started over a year ago. Does this filing actually have any chance of *doing* anything?

  12. 12.

    The Audacity of Krope

    @Buckethead: That’s nice and all, but we’ve been reading devastating refutations of Cannon since the trial started over a year ago.

    Devastated twice and still standing, MAGA fools got some endurance…

  13. 13.

    Scout211

    CNN said he used the adjective “novel” which seems fair.  Although batshit crazy would have been more accurate. IANAL.

    In a brief filed with the 11th US Circuit Court of Appeals in Atlanta on Monday, Smith argues that Cannon’s decision to end the Trump case because the prosecutors’ office lacked constitutional authority was “novel” and “lack[ed] merit.”

    So there was at least one adjective, but no histrionics.  Unlike the Trump team who only file briefs full of histrionics or even Cannon who translates the Trump team histrionic legal “theories” into judge-speak to make them seem all judgerly and shit.

    ETA for clarity.

  16. 16.

    Old School

    @The Audacity of Krope:

    Good work takes time.

    Maybe that’s the answer.  Someone on Twitter suggested the deadlines of this case made it irrelevant when it was filed.  The dates of the next steps weren’t going to change.

  18. 18.

    Scout211

    @Baud: Appeals are one sentence documents

    81 pages is a long freaking sentence.  Someone needs the grammar police.

  20. 20.

    Carlo Graziani

    This, from the appeal brief, is hysterically funny:

    The district court’s contrary reasoning lacks merit. Its focus on the absence of the word “appoint” in Section 515(b) ignores that the term “retain” is synonymous with “appoint” as used Section 515—as the statute’s enactment history makes clear—and that the word “appoint” appears in Section 515(a), confirming that the statute provides appointment authority. The district court’s determination that the phrase “specially retained” in Section 515(b) is a past- tense verb that only applies to already-retained attorneys misunderstands the statute’s grammatical construction—“retained” and “appointed” are past participles that take their tense from the surrounding present-tense verbs—and results in a nonsensical interpretation under which an attorney must be hired and only then (potentially minutes later) could become “specially retained” as a special counsel.

    Smith just called Cannon illiterate. No adjectives or adverbs required.

  23. 23.

    Scout211

    Not just Cannon.

    Arizona judge sets 2026 trial date for Trump allies.

    Several Trump allies including Mark Meadows and Rudy Giuliani will stand trial on Jan. 5, 2026, on charges they conspired to subvert Arizona’s 2020 presidential election results, a judge said Monday.

    . . .

    Meadows, the ex-White House chief of staff, and Giuliani, who served as Trump’s personal attorney, are among the 16 total defendants with remaining charges, all of whom have pleaded not guilty.

  25. 25.

    HumboldtBlue

    Huh:

    Mar-a-Lago looked to employ 380 short-term foreign workers from 2017 to 2022, when Trump had access to classified documents, initially as president and ultimately as a former official living at the club.

    Trump pleaded not guilty on Tuesday to 37 charges stemming from his retention of government documents, including 102 the FBI allegedly found when they raided Mar-a-Lago in August 2022. According to the indictment, Trump stored classified documents in the ballroom, a bathroom, his bedroom, a storage room and his office. It’s unclear who exactly could get inside those areas, but it would stand to reason that some Mar-a-Lago staff could access them.

    Mar-a-Lago relies on foreign nationals to work as servers, cooks and housekeepers. In 2016, the club sought 65 foreign workers. The figure has increased every year since, with the exception of 2020, when the club shut down in the early days of the pandemic and furloughed more than 150 employees. Last winter, Mar-a-Lago sought out 91 foreign workers, according to records filed with the Department of Labor.

  26. 26.

    karen marie

    @Carlo Graziani:   It’s a bit embarrassing calling someone illiterate when you don’t proofread your own work.

    Ugh.  I hate this shit.

    synonymous with “appoint” as used Section 515

     

    There’s an “in” missing.

  28. 28.

    cain

    @HumboldtBlue:

    Literally a hive of foreign agents.

    I will say this again, what the hell is our 3 letter spy agencies doing? Why would they allow this happening? I still can’t believe that they don’t have any evidence like wire tapping or anything on Trump.

  30. 30.

    Omnes Omnibus

    @karen marie: There is rather noticeable difference between a minor typographical error that does not make the brief unclear and a fundamental misreading of a statute.

  31. 31.

    bbleh

    @Old School: @WaterGirl: @karen marie:  read somewhere else today that the Smith folks have been busy reconciling ALL the cases and ALL the recent decisions (Supremes mostly) so they don’t get caught saying one thing in one brief and something different in another.  Apparently this one, at least, is ready for prime-time

    Ah, DAW beat me to it at #29

  33. 33.

    bbleh

    Separately, I was surprised by Cannon’s ruling — it really seemed a bit out of right field, especially for someone who pretty clearly was getting coached by more senior FedSoc types — and I have a sneaking suspicion she decided to go out in a blaze of glory.

    Assuming she’s overruled on the merits, if 11CA tosses her off the case, she’s a Martyr For The Cause, and if they don’t, she can keep making mischief.  Either way, her star now shines MUCH brighter in the MAGAverse.

    Any Legal Eagles wanna make odds on whether they toss her off the case?

    (And btw, having made odds LONG AGO that she would dismiss, and being pretty roundly bet against, I pronounce myself vindicated.)

  35. 35.

    BR

    Since this is an open thread — I’m waiting to see more post DNC polling. There are only a couple of pollsters who have released polls after the DNC, and so far I’m not seeing any bump. Then again, a bump may only be seen in aggregate, so we have to wait and see.

  36. 36.

    comrade scotts agenda of rage

    @BR:

    Yeah, I’m wondering as well.  I’m not generally a doomer but headlines over the last couple of days flash “Harris still behind in swing states” provides at least a raised eyebrow.  Haven’t followed up on those headlines so can’t say wtf they were based on, or how recent.

    I’m assuming there will be a fair amount of polling done this week, fwiw.

    Oh, and I saw something over the weekend that said Felonious D only had somewhere between 40-50 field offices setup nationally as of last week.  Meaning their outsourcing GOTV stragety is clearly an invisible approach.  We can only hope it results in invisible results.

  39. 39.

    Schtreaky

    This part where Smith discusses “private citizens” prosecuting important government cases (page 53) made me laugh out loud:

    There was a period in American history when “private citizens” prosecuted some of the most consequential cases of the day, such as the prosecution of Jefferson Davis.

    I love that he (purposely?) included the name of another despised US traitor in his appeal.

  40. 40.

    gene108

    I get this needed to be done, but since the folks that oversee the Federal courts, the SCOTUS, are 2/3’s committed to exonerating Trump in whatever creative ways they can, I doubt this will amount to much.

    11th Circuit strikes down Cannon. Goes to SCOTUS on appeal and SCOTUS mostly backs Cannon’s interpretation that Special Prosecutors or Counsels (forget what the exact term is) must be Senate confirmed and can only be appointed if a Senate confirmed US Attorney is directly supervising the case.

    Smith’s work gets kicked aside. A U.S. Attorney gets appointed and has to refile everything Smith did.

    Cannon’s still the judge.

    Trump will die before the documents case ever gets to trial.

  41. 41.

    bbleh

    @BR: still very early!  good polls take at least a couple of days.

    FWIW, 538 averages have Harris ahead in 5 of 7 swing states, tho in some cases only slightly.

  44. 44.

    JaySinWA

    @Dorothy A. Winsor: I read that he had to consult with other parts of the Justice Department because of the immunity ruling. They didn’t want his appeal to screw up other cases that are all wrestling with this ruling.

    I was going to say he probably had to write and then tear up several drafts to avoid saying something injudiciously. But this is probably the more correct answer.

  45. 45.

    BR

    @comrade scotts agenda of rage:

    Yeah, I’ve read that GOTV can add 1-2% when done right. I don’t know if that’s absolute numbers or relative compared to another campaign that isn’t doing anything. Not sure if Trump has some super secret GOTV operation or what.

  46. 46.

    wjca

    @bbleh: And btw, having made odds LONG AGO that she would dismiss, and being pretty roundly bet against, I pronounce myself vindicated. 

    I fully expected she would dismiss.  I just thought she would wait until a jury was seated.  That way, jeopardy would attach, and the case could not be refiled.

  47. 47.

    brendancalling

    For those who enjoyed our previous episodes, the 15th Progress Podcast is available on the podcast platform of your choice. PA state rep Joe Hohenstein pays a visit to talk about state politics, the elections, witnessing the PA GOP boo the January 6th cops, and more. Give us a listen—like, share, and if so inclined support us on Patreon. We’re always looking for new guests—pols, opinion-writers, journalists, bloggers—so if you think there’s someone we should have on, let me know.

  49. 49.

    comrade scotts agenda of rage

    @BR:

    It has literally been outsourced since he shook up the RNC earlier in the year and stopped their efforts dead in their tracks.

    For the most part it’s gone to Turning Point USA, a PAC founded by billionaire Charlie Kirk.  It has no experience in ground game ops.

    Last week a lot of media outlets said Trump was professionalizing his GOTV…and then reported nothing was changed.  Hell, even the Wa(com)Post and FTFNYT have characterized this approach as “a big gamble”.

  56. 56.

    bbleh

    @Omnes Omnibus: yes *IF* her goal was to ensure a dismissal via regular judicial order.  But if her goal was otherwise — eg to promote her own “brand” as a Fighter For The Cause, or to give the Felon ammunition for his re-election (in which case of course the case goes away) — then this is not just an opportune moment, but it also potentially gets her out of an increasingly sticky situation.

    I do not think of her as a judge; I think of her as a political operative.  And in that role, while dismissal after a jury was seated would have been preferable, that ain’t gonna happen for a while at best, and this has several advantages of timing.

  57. 57.

    artem1s

    @bbleh: ​ 

    Any Legal Eagles wanna make odds on whether they toss her off the case?

    Anyone wanna make odds on whether she’s gotten free vacations and tuition for her kids from some ‘friend’ like Thomas?

  60. 60.

    Jeffro

    Good – go Jack go!

    As for the polls, the swing states, and also the polls: DIG IN and LET’S DO THE WORK!!

    GO BLUE!!!

  61. 61.

    kindness

    When our opponents are making our case for us, by all means let them.  Normies aren’t impressed with what Cannon has done and Normies aren’t thrilled with Trump.

    Kamela is going to beat him by more than the 7M President Biden beat him by.

  65. 65.

    artem1s

    @comrade scotts agenda of rage: ​ 

    Last week a lot of media outlets said Trump was professionalizing his GOTV…and then reported nothing was changed. Hell, even the Wa(com)Post and FTFNYT have characterized this approach as “a big gamble”.

    “big gamble” as in the MAGAt donors bet their money on the campaign and the “House” always wins?

  66. 66.

    Kirk

    @gene108: Trump will die before the documents case ever gets to trial.

    That’s not necessarily related to the previous statements. His health appears poor, and he’s not making it better. I want to take the opportunity to remind that he contracted Covid back in the day and long Covid effects are something still not fully understood.

    To be completely open but definitely digressing from the thread, I’m actually kind of afraid that he will die before the elections. That’s pretty much the optimal situation for the GOP. They get a martyr boost effect regardless of cause; they get to put someone else up that may not be Vance.

  67. 67.

    wjca

    @artem1s: “big gamble” as in the MAGAt donors bet their money on the campaign and the “House” always wins?

    “Never give a sucker an even break” is timeless.

  68. 68.

    bbleh

    @Kirk: and they lose THIS time, but for many of them it’s a sigh of relief

    Also then the steam goes out of the insurgency.

    It really would be the best outcome in many ways.

  69. 69.

    wjca

    @Kirk: I’m actually kind of afraid that he will die before the elections. That’s pretty much the optimal situation for the GOP. They get a martyr boost effect regardless of cause; they get to put someone else up that may not be Vance.

    A martyr boost, sure.**

    But does the party (or anybody else) really have the option, at this point, of substituting someone not-Vance?  Seems like, with state ballots already going to press, it may not be possible to make any changes.  And if, God forbid!, the Republican ticket were to win, that would give Vance an instant promotion on Inauguration Day.

    ** The martyr boost being countered by the numbers of those who, with their god-king gone, don’t even bother to vote.  I’m guessing that could be substantial.

  70. 70.

    Geminid

    @Kirk: One thing I noticed about Trump’s  brush with assasination  a couple months ago was how little sympathy it generated. People got over it very quickly, and I bet Trump noticed that how little good will existed towards him.

    Speaking personally, I  might have been alarmed if a Republican like Mitt Romney had been targeted. But with Trump, I was more like, “That might have been awkward had the gunman succeeded.”

    So I don’t think Trump or the Republicans would earn much sympathy if he croaked before November 5th. Most people would probably be relieved.

  71. 71.

    Kirk

    @Geminid: I see your point but have a quibble.  If he died prior to the election the what-I-called “martyr boost” would be for the myth. The assassination attempt still left the odious man leveraging it.

    Still, it was a shockingly low reaction to the attempt.

  72. 72.

    Geminid

    @Kirk: The tepid reaction may have shocked Trump. He’s sensitive to this sort of thing

    Ed. But a friend and I have discussed the possibility that if Trump decided that he had no chance, he might use a “medical emergency” as an excuse to drop out and leave Vance holding the bag.

  73. 73.

    bbleh

    @Geminid: can’t see it — too transparent, too obviously running away.  Plus legally it wouldn’t work anyway cuz ballots and stuff.

    No, he’ll double and triple down on “fraud!” And he’ll more and more overtly encourage and promote violence.  And his acolytes will support him, depending on how rough the sea gets.

    This is why we need to SWAMP them at the polls.  There can be no doubt who won, no matter how hard  they try to promote it or to muddy the waters.  GOTV

    @artem1s: indeed the House is where their ultimate hopes reside.  Remember that if the vote is thrown to the House — and the Supremes will be happy to do that if they get the chance — the vote is by STATE DELEGATION, not by member, and Republicans predominate in more delegations.

  74. 74.

    Nora

    I have to say that I read the brief and needed a cigarette afterwards.  You have to admire someone who so clearly wants to say “The district court judge is batshit crazy and in the bag for the defendant” but finds a more elegant and legal way to say that.  There are places where he talks about how ridiculous the ruling is, how unprecedented it is, how it would, if it became law, destroy every agency in the federal government, and it’s so clear to me that he’s saying “this judge is full of shit” without actually using those words.

    I also appreciate how often he cites U.S. v. Nixon as a precedent.  I cannot believe that Cannon actually read that decision and thought the question of whether the special prosecutor was validly appointed was meaningless dicta.

  75. 75.

    frosty

    @Geminid: ​
     One thing I noticed about Trump’s brush with assassination a couple months ago was how little sympathy it generated. People got over it very quickly, and I bet Trump noticed that how little good will existed towards him.

    Perhaps if we’d gotten any information from the doctors or the Secret Service about how and how severely he was actually wounded we might have been able to be more sympathetic. As it was, with no official reports, it’s like it never happened.

  76. 76.

    Ruckus

    @bbleh:

    There is also the premise that he is going senile rather rapidly. Everyone that lives long enough and goes senior’s senile does so at different rates, from rapidly to it can take a couple decades. (And not everyone goes senior’s senile)

  77. 77.

    pajaro

    Cannon’s decision to ignore a 9-0 Supreme Court decision whose validity have never been questioned in another lower court case is crazytown stuff.  As far as Trump’s future in the legal system is concerned, it all depends on the election. If he wins, he orders the cases dismissed.   If he loses, the cases go on, and his life becomes a misery of going to one court to another.  If he loses, the federalists in general, and the sedition Six in particular, are not going to waste their legal capital on the two-time loser, so he will face real legal jeopardy at the end of his endless marches.  My guess is, if he loses the election, he’ll eventually make a plea deal that keeps him out of prison and out of politics (I don’t know anyone else who shares this particular view, so if it happens, you heard it here first).

  78. 78.

    pajaro

    @wjca:

    There’s really no playbook for what happens if a Presidential candidate dies after the time that ballots are printed and the election occurs.  i suppose that if the dead guy wins the election in a particular state, their electors get to decide who they should support on January 6th.

  79. 79.

    wjca

    @pajaro: My guess is, if he loses the election, he’ll eventually make a plea deal that keeps him out of prison and out of politics

    Considering his track record of welshing on deals, what prosecutor would enter into one with him?

  80. 80.

    wjca

    @pajaro:  i suppose that if the dead guy wins the election in a particular state, their electors get to decide who they should support on January 6th.

    It depends on what laws the state has in place regarding “faithless electors.”  They might not have the option to vote for someone else.

    P.S. the electors vote on December 17th.  January 6 is when the Congress opens their ballots and counts them.

  81. 81.

    Matt McIrvin

    @BR: Convention bumps are temporary anyway, not something you count on to get elected. The main thing the convention was for was stoking enthusiasm inside the tent, to get funds, volunteers, etc. The only way to win this is a hard slog to GOTV, the polls are not going to rocket to the moon.

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