To understand Judge Cannon latest legal issues, here are some Venue/Grand Jury basics.
Grand Jury:
-you cannot use a grand jury to obtain evidence for a trial; it must be used to investigate new crimes or new people.
-in a widespread scheme, that is easy to satisfy, cont.
1/
-Not all people and crimes are typically indicted at once, so the grand jury can continue to investigate. This is common practice.
Venue:
-a grand jury can investigate crimes over which it may have jurisdiction.
-a grand jury does not always know in advance:
2/
where a crime occurred, if a crime occurred, or who committed it.
-so a grand jury can look at all that for possible crimes/criminals.
-venue is proper for a grand jury investigation in that district if any part of the possible crime occurred in the grand jury's district....
3/
--Or, in the case of the crime of obstruction of justice, if the obstructed investigation took place in the district where the grand jury is sitting.
-So that is why the MAL documents obstruction could be investigated in FLA or DC grand juries.
/end
PS: and this is why Judge Cannon's raising a bogus grand jury issue, without defense asking, is so worrisome (and further to that: the issue had been raised in far right media).
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How do you get a false business filing to be a felony and not a misdemeanor? If it is intended to further or cover up another crime.
Issues:
- need the other crime be a felony? NO
- need the state charge and prove the other crime? NO
1/many
- need the state only prove the defendant intended the other crime? YES
- need the other crime be a NY state crime? UNCLEAR- to be litigated
- Are there many possible other crimes that seem to fit? YES
-Other crime possibility #1:
2/many
- the second false filing (claiming falsely legal expense) furthered the scheme and covered up the first false filing, and so on, till you get to 34
- state tax offense: Cohen tax filing which would be falsely stating income; falsity can be over or understating income
3/many
“Bragg’s team could conclude that nothing would focus the mind of the 75-year-old Weisselberg like being incarcerated in Rikers and facing a whole new set of charges. Only time will tell, but if I were a betting man, that is what I would put my money on.”
The grand jury finds that at there was "no widespread" election fraud in the State of Georgia. Not a good omen for Trump & co; the next shoe to drop will be Willis's.
Also interesting that the report says the grand jury voted to make the report public, but importantly it explicitly says it did NOT set a date as to WHEN its report should be made public, so that gives the court leeway to do what it did here, to only release a portion for now.
A judge asks Trusty: "Can you cite a single decision by a federal court, other than this one, where a court has exercised jurisdiction where there is no showing that the seizure is unlawful?"
The problem with the DOJ staffing on the MAL case (at least what is visible) is the lead attorney is trained to think of DOJ’s role as negotiating compliance with the law after the person is discovered to be in violation vs indicting the person to promote compliance with the law.
The same group did no criminal investigation into Manafort’s FARA violations for 8 months, but negotiated with his counsel for 8 months to have him file FARA disclosure forms after years of violating that law.
They interviewed no witnesses. Issued no GJ subpoenas. They got no Manafort docs. They did GIVE Manafort docs when he falsely claimed to DOJ he had no docs to refresh his recollection of the facts, which they did not verify.
@charlie_savage tweeted that Trump "filed" in Palm Beach, but the support he cites is a form that only says that is where the case arose. The docket reflects that the case was filed physically in Ft Pierce, where Cannon is the only judge.⬇️
Could the 4th estate PLEASE get to the bottom of this. Qs: Where was case filed? Why was it filed physically and not electronically? What did Ft Pierce clerk do with the physical filing? Did the random "wheel" include just one judge from that district- Canon? etc...
No one is dealing with the obvious: if there wasn't at least the potential to judge shop why on g_d's green earth would Trump have gone all the way to her district to file and do so physically, when he could have electronically filed at the court in his back yard?