Judge Cannon has denied the motions to dismiss filed by Nauta and De Oliveira

[onenote]

Glad to see this:

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.462.0.pdf

[dchill]

1. Turns out they're not Trump.

Unfair!

[nakocal]

2. She is still protecting Trump

If she agreed to dismiss, Smith could then refile the charges and they could be sent to another judge, one that Trump does not own.

[onenote]

3. The motion to dismiss related to charges against Nauta and De Oliveira, not Trump

And whether Smith could refile against those two would depend on the grounds for the dismissal. And if he could and did re-file, the case almost certainly would be assigned to Cannon again because it is related to the case against Trump.

Think about it -- if it was really that easy to change judges, why hasn't Smith simply voluntarily dismissed the case and then re-filed it. Indeed, why don't prosecutors do that all the time? Maybe because it doesn't work that way and because, in this particular situation, it would result in a massive delay in the trial.

[nakocal]

4. The case would not go back to Cannon

And if the prosecution decides to drop the charges, they could NOT refile.

[onenote]

5. What rule prevents a voluntarily dismissed case from being refiled

And if the case could be refiled against Nauta and De Oliviera why wouldn’t be assigned to cannon as a related case to the Trump case?

[nakocal]

6. None, but since she dismissed it the court would not likely assign it

back to the judge that dismissed it.

[onenote]

7. I believe you are mistaken. If anything it is almost certain to go back to the same judge.

First, take the situation where the prosecution dismisses a case voluntarily before the trial begins. There is no rule that prevents the prosecution from refilling the case since the dismissal would be without prejudice. But one reason that prosecutors don't routinely dismiss and refile cases is that it will be assigned the same judge. If it is was otherwise, you would see prosecutors using this strategy to get a different judge. But you don't see it happening because the refiled case would go back to the same judge.

Second, take the situation where the case is dismissed by the judge, not the prosecution. Whether the prosecution can refile will depend on whether the dismissal was with prejudice. If it is, the case can't be refiled. If it is not, then in most circumstances the prosecution can refile, although depending of the situation, the prosecution may need to go back to the grand jury for a new indictment. In such a situation the new case would be considered a related case to the one that was dismissed and, under the rules and practices of federal courts, it would be assigned to the same judge that heard the initial case. I'm not as familiar with the rules of the Southern District of Florida, but the rules of the District of Columbia federal District Court expressly require assignment of related cases to the same judge. The internal operating rules of the Southern District of Florida provide that grand jury matters and all matters reasonably related to the original grand jury matter will be handled by the district judge before whom the original matter was filed.

The case against Nauta and De Oliveira is part of the same indictment as the case against Trump. If the case against Nauta and De Oliviiera is dismissed in a way that leaves open the possibility of the case being refiled, it will go back to the original judge as a related case. The fact that judge previously dismissed the case doesn't dictate that it should be heard by a different judge or that the indictment should be split up somehow. After all, when a District Court judge's decision is reversed on appeal, it goes back to the same judge, even where the case upon remand is to be heard "de novo."