Posted on 07/17/2024 6:56:54 PM PDT by Libloather
Special counsel Jack Smith has formally appealed a federal judge’s dismissal of criminal charges against former President Trump over his alleged mishandling of classified information after finding the prosecutor was unlawfully appointed.
Smith’s office filed a notice saying it would appeal Florida-based U.S. District Judge Aileen Cannon’s ruling tossing out the 40 charges Trump faced to the 11th Circuit Court of Appeals.
The Trump-appointed judge on Monday ruled that Attorney General Merrick Garland did not have the authority to appoint a federal officer with the “kind of prosecutorial power wielded by Special Counsel Smith.”
“The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers,” Cannon wrote in a 93-page ruling.
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
The ruling marked a major victory for Trump — the first time one of his four criminal cases has been dismissed entirely — and came on the heels of an attempted assassination of the former president. Trump said the dismissal should be seen as the “first step” toward “Uniting our Nation” following the failed effort to take his life, calling for his other cases to be dismissed.
(Excerpt) Read more at thehill.com ...
She should have continued the pocket veto approach
You think this weasel would be under whatever rock Hillary is hiding under.
In anycase, last gasps of lawfare. He is so far beneath Trump now. Jack Smith, I can’t wait to see him get smacked by Surpreme Court eventually.
Should be interesting to see what the 11th circuit does with this. I’m thinking they take it and underscore her decision and off it goes to SCOTUS unless the DOJ decides it would be better not to appeal it any further.
Since Judge Cannon brought up authority, shouldn’t the first order of business be deciding if he’s allowed?
He can’t believe he was fired.
He’ll have to carried off in a straitjacket.
He has no standing.
Exactly! Judge Cannon declared he has no standing.
Who’s paying the bills on his appeal?
Can congress file suit fo claw back all the money his unauthorized lawfare attck p’d off?
I would think the only one having “standing” to file an appeal would be the AG Merrick Garland, not Smith, as Smith is not the one who made the unlawful appointment.
Wouldn’t this be a W? This piece of lawfare designed to interfere with the election has been neutered, from that angle we’re unconcerned. Our strategic position is neutral wrt the appellate court, they may uphold the lower court which is fine, or they may overrule which likely takes this up to SCOTUS, which probably will take it, and will clarify the parameters for this type of prosecutorial position in our favor, which is the legally correct interpretation, afaik.
Think ahead, a few years into the future.
This question will eventually make its way to the Supreme Court.
The DOJ can hold off on it until one of the Justices retires, or otherwise becomes unable to continue.
At that point, PDJT 47 will have to nominate a new Justice, and that nomination will be sent to the Senate.
This will set up a huge battle, because the nominee will be ruling on the matter of Jack Smith’s legitimacy as a “special council.” That in turn could result in continuous federal trials for 47.
PDJT 47, of course, will not be allowed to interfere with the DOJ in any way. That would be “hampering prosecution,” or some such.
Result: all PDJT nominations to the Court would be stalled, maybe derailed.
Imagine the 11th circuit telling Smith “no standing”...
Waste of taxpayer money, but maybe they will slap him down hard enough to cause the case in DC to be dismissed as well.
“Imagine the 11th circuit telling Smith “no standing”...“
I cannot. They have already ruled against Cannon once. Good chance it happens again IMHO.
jack Smith should be forced to pay all of the defense attorney fees as well as triple damages
Cannon had a dozen other reason she could have dismissed. And a she could have gone after Smith and his team criminally as well for some of the garbage they have pulled.
This
Should be dismissed due to Lack of Standing……. 🤣🤣🤣🤣🤣🤣🤣🤣🤣
Good luck Jack. 🙄
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