105 Comments
Jun 13, 2023Liked by Robert B. Hubbell

As I've said before, I have the utmost confidence in Jack Smith's abilities, and will put him up against Cannon every day of the week. As for our view of the process from the outside.... we're better off fighting the devil we know, so let's put our heads down and charge ahead. It's a marathon, not a sprint. Trump will get the worst of it, I have no doubt.

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Jun 13, 2023·edited Jun 13, 2023Liked by Robert B. Hubbell

When I saw the title of tonight's newsletter was "Cannon redux," I immediately thought "Cannon reflux." I think many of us have reached the point where the mention of her name induces an instant "mental gag reflex."

However, I appreciate that you have continued to try and calm down those who are so worried about her effect on the upcoming proceedings in her courtroom. She has certainly done nothing to instill in the public any sense of confidence in her respect for the rule of law.

I have to add that when two aggressive lawyers who were previously disgustingly, obsequious Trump Toadies, like his former Attorney General and his former debate coach from New Jersey, are now clearly stating on TV what major trouble the former president is facing in his upcoming criminal trial, the public conversation is starting to turn towards the truth. I give them no credit for their "about face," except to interpret it as their perceptions as political animals that it's time to get on the right side of history for their own selfish motives. Works for me.

Thank you for all of your diligent efforts to research and write this newsletter. And thank you for the photo of the encoded message to President Lincoln in the book you and Jill saw at the Huntington Library. Imagine the emotional vibrations that surrounded that message, both from the writer and the recipient during that challenging and frightening time in our past. It's exciting to look at such an old and amazing piece of American history--even on my computer--that you were probably close enough to touch.

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Jun 13, 2023·edited Jun 13, 2023Liked by Robert B. Hubbell

Thanks for continuing to recalibrate our expectations, Robert. As others have expressed, I have complete confidence in Jack Smith's ability to navigate these gator-infested waters.

Also as others have said, Joyce Vance's piece today is helpful to understanding the reality, but she seems to be advocating a showdown with Judge Cannon. After reading Joyce's piece, I came away with a realization that trying cases around classified documents is very difficult, because the evidence itself may not be viewable by the defendant, his attorneys, the judge, or the jury. While I suspected that CDs would be challenging, and that some of the most consequential might not have been part of the indictment due to their sensitivity, I didn't (and admittedly still don't) fully understand the complexities of a trial like this.

As I commented yesterday, the charges are the tip of an iceberg. I believe Jack Smith has picked the best charges to pursue in light of the CD challenges, and will prevail for the American people. It will take time, for sure, but I think TFG faces a reckoning of Titanic proportions between this and other cases.

Our focus should not be on the spectacle that this or other cases will be, but on making sure TFG only returns to DC to visit a courtroom. Beyond the primaries, where he will likely be bashed by a few emboldened former "echo"lytes and "sicko"phants, we need to make sure we return President Biden to the White House and return Congress to the adults, so that Republicans won't be in a position to pardon TFG or retaliate against justice.

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"Echo"lytes=good one!

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I use it frequently, usually accompanied by "sicko"phants.

p.s. I just added it above.

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Jun 13, 2023Liked by Robert B. Hubbell

Thank you for giving up some of your precious time with your wife to write this edition! I for one am not worried about Cannon, based on what you and others have already observed and written about. Joyce Vance had an excellent article explaining the situation. Hope your wife enjoyed her birthday as much as it sounds like you did.

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Jun 13, 2023Liked by Robert B. Hubbell

Also, from today's article "Handling Classified Material" by Joyce Vance:

"Judge Cannon was cavalier in her treatment of classified material in her first go-round in this matter. If she continues down that path, denying prosecutors the opportunity to avail themselves of the protections CIPA provides, they will appeal her to the 11th Circuit. If her CIPA rulings are as lackadaisical as the orders that caused the 11th Circuit to reverse her in the search warrant matter, that won’t go well. If she continues to put her thumbs on the scales of justice for the former president, she could easily find herself not just reversed, but subject to an order by the circuit court that, on remand, the chief judge in her district reassign the case to another judge. Because the government will have to appeal any egregious mistakes the judge makes in really on CIPA matters, this is a prime opportunity to request reassignment of the case without injecting any additional delay into the case. Word is, Judge Cannon has declined to recuse from the case on her own. It’s unlikely she’ll have the final say on that matter."

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Jun 13, 2023Liked by Robert B. Hubbell

“Judge” Cannon has an opportunity for redemption. Whether or not she’s clever enough to take advantage of it can only be speculation. She will own the consequences however that may turn.

Regardless, as mentioned, scrutiny will take place at molecular level. It will be continuous, intense, and unrelenting, as she has unquestionably earned.

In any event, l have high confidence

that this trial will be appealed by one side or the other and that option must be preserved. We need to expect that as a delaying strategy of this particular defendant. I cannot conceive circumstances under which it would not be appealed short of the nuclear “bench acquittal” (I’m not legally trained so my characterization as such may be a bit off the mark but I think you will get my drift.) It is imperative that the evidence be publicly aired at some point in the course of events.

This proceeding is an acid test of the rule of law and it will not be the last. Having read through this indictment, I look forward to reading the 6JAN indictment. I trust Jack Smith to make effective application of lessons to be learned in this initial foray into the fray.

“Damn the torpedoes; full speed ahead!” Keep your powder dry and your broadsides true.

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Thanks for posting this. I have read this and Joyce Vance makes an interesting point. I always wondered if the head judge in that district based on last experience would trust her with this case.

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Classified Information Procedures Act =CIPA

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Ironically, introduced in the Senate in 1979 by one Senator Joseph R. Biden.

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Hi Janice!

I look at it this way, maybe just three of the infinite possibilities:

Either Her Honor is so full of herself that she is not fully cognizant of the import of the electron microscope of history adjusting it's focus on her; or,

She is fully cognizant of said microscope, fearful of Jack Smith, and looking to a future full of 'emesis nervousa' and sleep deprivation; or,

She is looking for redemption from her past lawlessness on behalf of this particular defendant and will use this case as a good opportunity to prove herself worthy.

I totally agree with Robert that she is a bad judge; however, I find myself strangely feeling compassion for her. An emotion that I cannot--ever-- possibly feel for the defendant....

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Jun 13, 2023Liked by Robert B. Hubbell

Continue to be grateful for you and Jill and hope you had a lovely evening!

I wish the MSM would use your accurate phrase consistently to emphasize that this is NOT about taking the documents in the first place, as Pence and Biden also did. As I understand it, taking the documents is not the charge but rather this (your phrase) is: “unlawfully retained defense secrets after a demand for their return.”

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The reason I note that factual predicate is because the section under which Trump is charged requires that (a) the initial possession of the documents was lawful, and (b) the continued possession was unlawful after a demand for their return. Proving those facts will be easy.

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Happy Birthday to your Managing Editor! She shares my anniversary to my husband...47 years! What did we do today? Ordered food from DoorDash!

I agree with you about Cannon. She cannot be reckless in this case against Trump because Smith has all of the evidence. Now, if she wants to be a complete ass and try to pull another stunt, I feel strongly that the 11th Court will admonish her and replace her. I think people fear as to what she might do, like delay things for Trump. Well, STEP 1: Trump gets fingerprinted and gives a mugshot. STEP 2: He pleads not guilty. Then he’s released on his own recognizance to where he won’t be able to keep his mouth shut. I plan on watching MSNBC at 2pm PST. The truth shall prevail.

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the arraignment is at 3 PM Eastern, Noon Pacific.

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Debating whether to watch or not. I gave myself the weekend to get a little more yardwork done before it rained again, but got smoked out from the wildfires in Quebec. The rain helped clear the air out some, but oddly we are still in drought conditions - and it's June in Vermont! The rain pours briefly, and within hours the ground is too hard to dig. Climate change, anyone?

Do I really need to actually SEE Trump be arraigned? Perhaps it is enough to simply know it is finally happening. I'll fix coffee and see how the day goes. I do hope to see the day he is found guilty and sentenced, however. May it be soon.

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Hi Annie, I couldn't bring myself to watch the clown show. When I tried to watch Lawrence O'Donnell late in the evening the batteries in my remote were dead. I concluded that was the Universe's way of telling me it wasn't worth it.

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Gus, good to see you again. I think we were right: it played pretty much like any arraignment. Pretty boring stuff. I fixed my coffee, took a stroll downtown (masked against the wildfire smoke) to drop off my water payment at the town office, stopped to buy a decadent cookie at the bakery. Home, I cut peonies to bring in. I did not turn on my computer, but did catch some NPR. Thoughtfully, they did not run Trump's rant, but quoted just enough to get the gist. Same old victim stance. Ok, fine. More Republicans going quiet. That's interesting. Spent the evening reading High Country news and listening to rain try to clear the air. It helped, but we are still hazy. Hope things are well where you are.

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Jun 13, 2023Liked by Robert B. Hubbell

Life is indeed full of a level of stress, anxiety, and uncertainly that I have never experienced or seen before. It is coming from all angles and yet it serves to truly show me just how little of which I have control. I keep photos of my great-great grandparents on my bookshelf to remind me why I am here and to strive to live up to all they sacrificed, willingly or not.

Hence, I find myself meditating, focusing on the present, prioritizing the personal and family relationships. My efforts are also on being steadfast in my support of democracy and those who fight along side all of us. Please, let’s not all abandon hope! Let’s map our way forward.

For those who share faith traditions, pray or chant, light a candle, or however you may engage in your faith. When my mom was alive she prayed daily for ‘those in power’ to have ever evolving wisdom and compassion. I am going with this too now...along with supporting where I am able to financially.

Thanks Robert for the consistent astute assessments and call for persistence and rational thought.

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Agree! Yesterday, I began to explain to friends that my formerly "nice"neighborhood has become a center for homeless, some who are also UTI of drugs and alcohol. I heard the anxiety in my voice at the same time I said the words, "So many people cannot afford housing.." That's true, but I also felt fear.

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I go through a similar routine, L H and Hope. I am constantly grateful that I have my funky, quirky little house, bought cheap 2 decades ago. Though there is constant need for repairs, it gives my life stability and no mortgage means I can pay my bills without worry. I was close to homelessness because of illness at one time, and know that most of the people who lack housing are in that situation are not at fault for their situation. We have failed them. I am leaving instructions that my house be turned into two small apartments in my will, to increase the availability of low-cost housing. So many people, many of them young, desperately seeking places to live so they can keep or accept the jobs they have been offered. Not a day goes by that there isn't a plea for an affordable place to live.

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Thanks Annie. Bless you for your good thoughts. I wonder how long it will take before Reagan-omics, and a wealth-heavy top tier will be recognized as the cause of unaffordable housing.

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Thanks, Hope. But please don't think that unaffordable housing began with Reagan. It has been with us from the first colonies, with the stratification of society that they brought with them.

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Jun 13, 2023Liked by Robert B. Hubbell

I think it might be interesting to know what other decisions Judge Cannon has made from the bench beside the first Trump ones.

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Jun 13, 2023·edited Jun 13, 2023Liked by Robert B. Hubbell

Something I think is getting lost with the spotlight on TFG, Judge Cannon, and Jack Smith, is the ongoing self-debasement of Republican leadership. Most notably, the clearly nominal Speaker of the House, Kevin McCarthy, continues to double down on his premature claim that TFG is being treated unfairly. Shamefully, the media keeps giving him oxygen. How about Democrats in Congress move to censure him for abrogating his oath to support and defend the Constitution by interfering with DOJ's pursuit of justice and its protection of national security. That would certainly get some attention.

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I just sent a variation of the following message to my two Senators:

I realize this is not a problem you can address directly, and I chose "Intelligence" as a topic because it's lacking in the matter I want to bring forth. The ex-president (whose name I refuse to utter) has very clearly committed criminal acts with regard to classified documents. The fact that Republican members of the House, most notably the nominal Speaker of the House, have lambasted the FBI and DOJ for doing their job, is disgraceful and in my opinion an abrogation of their oath to support and defend the Constitution. I humbly request that you suggest to your colleagues in the House that they pursue a censure of Mr. McCarthy, to bring attention to his public and performative displays of hypocrisy, and his fanning the flames that the ex-president is fueling. I would reach out to my own Congressman, but he's part of the problem. Thanks.

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Jun 13, 2023Liked by Robert B. Hubbell

Back when I first heard the name Judge Cannon and read what she did, I entered a complaint to the 11th district. They were forced to mail me a form letter in response. At the time I thought “good, I bothered them.” I hoped they had received much feedback like mine. Do you think I did the right thing? Jessica Craven inspires me to let my opinions be heard, but I wonder.

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Yep! you did the right thing! thanks for taking action!

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Great message, Robert, especially the exhibit at the Huntington, one of the two libraries that inspired me to become an archivist/librarian. For readers who are still nervous about Cannon and the federal case against Trump, please see this morning’s blogs by Joyce Vance (“Civil Discourse”) and Heather Cox r

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Well...I may be slow, but the US legal system has slipped from neutral to reverse, and needs new tires.

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Happy Birthday,Jill- keep the light shining!

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As others have said, "I trust Jack Smith". His experience and reputation give me confidence that he knew exactly what he was doing when he set up shop in Florida. I suspect that having Cannon on the bench was well within his playbook. Let's not try to out-think someone who has a record of successfully convicting people for war crimes.

Let's remember what I think was a central message of Robert's letter yesterday. There is this trial for Trump. And there will be other trials for Trump. Think of trains all running on different tracks at different speeds - all headed to Justice Town.

But there is another track that is more important - and that train needs all the fuel we can find. The Train to a 2024 Trifecta - a Blue Wave that repudiates a GOP gone mad, gone rogue on democracy. A GOP that is a lie factory. A GOP that weaves religious nonsense with hate to produce really ugly apparel.

And, although we have no idea how the "Mar A Lago Documents" trial will proceed or be resolved, along the way, there will be the constant drum beat of "Trump endangered our national security". Translated: "Trump has risked the lives of our military personnel. Our soldiers, sailors and marines." How do we think that will play with the millions of Veterans who may have voted for him in the past? How will that play with the wife, husband, dad, mother, brother, sister, or child of a service member? A wise politician doesn't mess with the military and their families.

I also see an ad that starts with bone spurs and ends with "45" tossing Putin a soccer ball. I see an ad with "45" telling his Chief of Staff as they are walking through a military cemetery: "What were these guys thinking? They were suckers."

It's possible that Trump's treason will resonate with all manner of folks when faced with the horror of his deeds. It won't change the minds of true MAGA maniacs. They can rationalize their derangement easily. But the future of our elections lies in the hands of the biggest block of voters. Independents. Patriotism may be our greatest ally in this battle royal.

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I agree with everything you wrote, Bill. As a veteran it astounds me that even one person with military experience could possibly be a trumper.

Jack Smith is the Kracken that Chump is hunting with a water pistol. Ha!!

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founding

Read two paragraphs of Robert’s post and stopped today. Here’s the deal. It is what it is. Robert’s point was and surely remains “we have to win at the ballot box, we won’t solve a political problem with in court.

Get out the vote (GOTV!!!). Vote in 2023 & 2024.

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wish I could like your comment several times.

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Thanks for reminding us to stay calm and focused in extraordinary times. And Happy Birthday to the Editor in Chief!

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