Judge Cannon allows Volume 1 of Special Counsel report to be released

There's been a crazy flurry of filings before Judge Cannon over the past week. The bottom line is that Volume 1 of Jack Smith's report (the election interference report) has been released over objection.  Here's the 137 page report.  Volume 2 is still under seal and there will be arguments before Judge Cannon on that report on Friday at 2pm. 

From CNN:

Volume one of Smith’s report marks the special counsel’s final official word on his investigation into January 6, 2021, and the actions by Trump and his associates before then to interfere with the peaceful transfer of power.

It contains a factual recitation of Trump’s attempts to overturn the 2020 election, including his “pressure on state officials,” the “fraudulent electors plan,” his “pressure on the Vice President” Mike Pence, and a section on how Trump’s supporters attacked the US Capitol on January 6. In effect, it mirrors the landmark federal election subversion indictment that Smith brought against Trump in 2023, retooled in 2024 after the Supreme Court’s immunity ruling, and ultimately withdrew after Trump’s victory in the November election.

“Until Mr. Trump obstructed it, this democratic process had operated in a peaceful and orderly manner for more than 130 years,” Smith wrote, referring to Congress’ certification of the Electoral College results, under the Electoral Count Act of 1887.

When it came to his duty as special counsel and the work of investigating and prosecuting Trump, Smith wrote that his “office had one north star, to follow the facts and law wherever they led. Nothing more and nothing less.”

Of the failed prosecution of Trump, Smith said that prosecutors “cannot control outcomes” and can only do their jobs “the right way for the right reasons.”

The final decision to prosecute the former president, he said, was his alone. “It is a decision I stand behind fully,” Smith wrote. “To have done otherwise on the facts developed during our work would have been to shirk my duties as a prosecutor and a public servant.”

Smith concluded that while the Justice Department interprets the Constitution as not allowing the prosecution of a sitting president, his office “assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”

Trump, for his part, slammed the special counsel’s report as “fake findings” in overnight posts on his Truth Social network. “Jack is a lamebrain prosecutor who was unable to get his case tried before the Election, which I won in a landslide,” the president-elect wrote in part. “THE VOTERS HAVE SPOKEN!!!”

 In other news, the two lawyers who couldn't agree on anything had their lunch:

 

Investiture of David Leibowitz

Congratulations to Judge David Leibowitz on his investiture.  It was a truly lovely event with great speakers, including Ben Greenberg, Ron Dermer, and Judge Michael Farbiarz.  Sen. Marco Rubio (pictured below with Stephanie Casey and Lindsey Lazopoulos Friedman) and his wife Jeanette were also in attendance.  Lots of great stories, including about Judge Leibowitz as the Philadelphia Eagles' mascot!

 

James Earl Carter by Michael Caruso

 Guest Post by Michael Caruso

As you know, today has been designated as a National Day of Mourning for President Carter.

To recognize his passing, I thought I would note the giants he appointed to our district court. Because many of David’s readers  likely did not practice before these judges, I hope those who had will comment about their experiences. Also, I hope current judges who served alongside these judges (or clerked for them) also will share.

In order of appointment:

William Hoeveler

Jose A. Gonzalez, Jr.

Edward B. Davis

James W. Kehoe

James C. Paine

Eugene P.  Spellman and

Alcee Hastings

Among many other accomplishments, we owe President Carter a debt of gratitude for making these appointments.

Trump argues that Jack Smith should not be permitted to release his report

Judge Cannon has temporarily enjoined Jack Smith from doing so.  Her order is here. 

And the 11th Circuit has ordered Smith to respond by 10am tomorrow (!!) on this issue.

Here's Politico on the news:

Cannon’s order, issued at the request of two Trump allies who were co-defendants in the classified documents case, bars the Justice Department from releasing the report or any portion of it until three days after a federal appeals court rules on the issue.

The order bars Garland, the Justice Department, Smith and “all of their officers, agents, and employees, and all persons acting in active concert or participation with such individuals” from “releasing, sharing, or transmitting the Final Report or any drafts of such Report outside the Department of Justice.”

Cannon’s order does not apply to Trump or his co-defendants, even though Smith contends they inappropriately revealed aspects of the report — which they have reviewed in recent days — in a Monday court filing. In that filing, Trump revealed Smith described him as “engaged in an unprecedented criminal effort,” as “the head of the criminal conspiracies” and said he harbored a “criminal design.”

U.S. Attorney Mark Lapointe resigns

 Here is his statement:

For the past two years, I have served as the United States Attorney for the Southern District of Florida. After much reflection, I write to announce my resignation from this position, effective January 17, 2025, at 11:59 p.m.

 

It has been an honor and privilege to serve as United States Attorney. I have strived to meet the responsibilities of this position with vigor, determination, commitment, thoughtfulness, and humility.

 

Those familiar with my personal history may recall that I am a native of Haiti, a country whose government struggles to perform basic functions, and where the rule of law has yet to build reliable traction. When I immigrated to this country in my teens, I lived in Miami’s Liberty City neighborhood, then an urban area with high crime and associated problems. Given where I started, it has been uniquely meaningful to hold a role so central to the Department of Justice’s mission of supporting our collective well-being through the exercise of the rule of law. 

 

Also meaningful has been working alongside the talented lawyers and professional staff of the United States Attorney’s Office, as well as with the agents and employees of our partner federal, state, local, and tribal law enforcement agencies. These honorable public servants meet the challenges of safeguarding our homeland, local communities, and government institutions selflessly and without fanfare, at times at significant personal costs. I have never stopped being inspired by them and always will cherish my time as part of this deeply noble undertaking. To them, I extend my utmost gratitude and admiration.

 

I would not have had this life-changing experience without the support of President Joseph R. Biden, Congresswoman Frederica Wilson, Senator Marco Rubio, Senator Rick Scott, and countless leaders from our community. To all of them, thank you for trusting me to fulfill the duties of United States Attorney for the Southern District of Florida.

 

With gratitude,

 

 

Markenzy Lapointe

A new year

Welcome 2025.

Everyone is now back at work and ready to go!

Here's some news to get you going:

1.    The great Maedon Clark has retired after 48 years.  48!!  Truly incredible.  Everyone wishes Maedon the best and she was the absolute best.

2.    Joan Silverstein, who has run the U.S. Attorney's Office for as long as I can remember, has left the office and has entered private practice at Gelber Schachter & Greenberg.

3.    The Special Counsel's Office has withdrawn from the Trump documents appeal in the 11th Circuit.  It already dismissed against Trump after the election, but the case is still pending against the co-defendants.  Who will prosecute the case and handle the appeal now that Jack Smith is out.  Well, Markenzy Lapointe has entered an appearance himself in the 11th Circuit.  And he won't be around much longer with the change in administration.  So it's unclear what will happen with that government appeal.

4.    Chief Justice Roberts issued his year end report.  It was all about judicial independence and threats to the judiciary.  It ends this way:

The federal courts must do their part to preserve the public’s confidence in our institutions. We judges must stay in our assigned areas of responsibility and do our level best to handle those responsibilities fairly. We do so by confining ourselves to live “cases or controversies” and maintaining a healthy respect for the work of elected officials on behalf of the people they represent. I am confident that the judges in Article III and the corresponding officials in the other branches will faithfully discharge their duties with an eye toward achieving the “successful cooperation” essential to our Nation’s continued success. Photo credits:  Page 1, Sallie Dixon, used by permission. As always, I am privileged and honored to thank all the judges, court staff, and other judicial branch personnel throughout the Nation for their commitment to upholding judicial independence and the rule of law through their outstanding public service. Best wishes to all in the New Year. 

5.  Finally, congratulations to Judge Embry Kidd, who was sworn in to the Eleventh Circuit.  Pictured below with Judge Charles Wilson, swearing him in:

Quiet week

 I hope everyone has a wonderful holiday week.

It's pretty slow, so unless something earth shattering happens, I'll see you all next Monday.

--David

“Mr. Mangi is 47 years old. If he feels he is not a viable option for the incoming administration, he can be considered again in the next administration in 2028 at age 51. If he’s not viable for that administration, he can be considered yet again in 2032 at age 55.”

That was Judge Singhal responding to Adeel Mangi's letter withdrawing his nomination for federal judge.

It's hard to summarize Mangi's letter or Judge Singhal's response. Read both of them. 

Here's a clip of Mangi's 4 page, single spaced letter: “When my nomination then came before the Senate Judiciary Committee, I was prepared to answer any questions about my qualifications, philosophy, or legal issues. I received none. Instead, I was asked questions about Israel, whether I supported Hamas, and whether I celebrated the anniversary of 9/11. Even more revealing, however, was the tone. The underlying premise appeared to be that because I am Muslim, surely I support terrorism and celebrate 9/11. ... [W]e have a fundamentally broken process for choosing federal judges. This is no longer a system for evaluating fitness for judicial office. It is now a channel for the raising of money based on performative McCarthyism before video cameras, and for the dissemination of dark-money-funded attacks that especially target minorities. Nominees pay the price and so too does our nation. Who will give up the rewards of private sector success for public service, if the added price is character assassination and wading through a Senatorial swamp like this one?”

And a portion of Judge Singhal's response: "Mr. Mangi clearly states that what he sets forth are his individual opinions, but the words he uses and the sentiment he conveys are seriously damaging to future qualified minority judicial candidates and require a response." More: "I wish Mr. Mangi had properly continued to fight for the appellate position and done so in a way that would inspire young people to follow his lead.  Had he done so, I would have supported him as I did after his initial nomination.  Instead, his actions show exactly why the advice and consent process and the separate roles of two branches of government to build the third branch are so vital. ... Truly, Mr. Mangi's letter reads like the defendant who tried to trick the court by accepting responsibility only to turn on his lawyer, the victim and the judge once he didn't like the sentence.  It's not the way a federal judge would or should act."

Gotta love Judge Singhal.  His path to the bench was not easy.  Had he written a letter like Mangi's after his first few attempts, we would not have him as one of our judges. I'm thankful he didn't!