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This is sorta inside baseball, so bear with us, but after Donald Trump spun the tale last week that he was nearly shot and killed by law enforcement, Special Counsel Jack Smith filed a motion with Judge Aileen Cannon asking her to tell Trump to zip it. Smith takes the view, quite reasonably, that such rhetoric could potentially put federal agents' lives in danger.
Donald Trump's legal team responded with a motion that is characteristically over-the-top, asking not only that Smith's request be denied, but also that Smith and his team be sanctioned. The defense points out that the rules of the Eleventh Circuit require consultation between the prosecution and the defense, before any motions are filed. The purpose of this rule is to save everyone time and hassle. The Special Counsel takes the view that the threat posed by Trump is pressing, and that there was not time for consultation.
Yesterday, Cannon ruled and—surprise, surprise!—did not grant Smith's request. She also did some editorializing, describing Smith's motion as "lacking in substance and professional courtesy." The motion was dismissed without prejudice, which means that Smith can try again, if he wants, presumably after "consulting" with defense counsel.
Who knows, at this point, to what extent Cannon's rulings are based on the merits, and to what extent her rulings are based on... other considerations. The clear effect of yesterday's decision, however, is to add a little more time to the process while also not subjecting her ruling to appeal. If she'd dismissed with prejudice, Smith could take it to the appeals court. Not so much when she dismisses without prejudice. Meanwhile, everyone continues to wonder if and when the Special Counsel will say "enough is enough" and ask for Cannon to be removed from the case. (Z)