Posted on 11/12/2024 10:20:23 AM PST by MtnClimber
This move marks yet another self-serving, calculated maneuver, a legal sleight-of-hand designed to protect reputations.
Following President Donald Trump’s decisive victory in both the electoral and popular vote, it’s becoming clear, based on multiple reports, that the weaponized Department of Justice (DOJ) is poised to dismantle its baseless and frivolous criminal prosecutions against Trump in Florida and Washington, D.C., and may even dismiss Jack Smith before Trump has the satisfaction to utter his most famous line, “you’re fired.”
While some might interpret this as Democrats waving the white flag in the face of Trump’s resurgence or as a premature gesture of goodwill, don’t be fooled. This move marks yet another self-serving, calculated maneuver, a legal sleight-of-hand designed to protect the reputations of Attorney General Merrick Garland, Smith, and former Special Counsel Robert Mueller and to distract from Smith and Mueller’s unconstitutional appointments.
Illegitimate Appointment
The illegitimacy of Smith’s appointment emerged this past summer, notably in Justice Clarence Thomas’s concurring opinion in United States v. Trump. Supplementing the court’s landmark opinion that extended presidential immunity to criminal cases — an extension that serious legal scholars saw as a natural evolution from the court’s decision in Nixon v. Fitzgerald — Thomas took his argument a step further, casting a glaring spotlight on the shaky foundation of the prosecutorial appointment.
Thomas underscored his point with a forceful reminder: “I write separately to highlight another way in which this prosecution may violate our constitutional structure. In this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States. But I am not sure that any office for the Special Counsel has been ‘established by Law,’ as the Constitution requires.” His words laid bare a critical issue that cannot be ignored — the legitimacy, or lack thereof, of Smith’s appointment and the prosecutorial authority it supposedly confers.
Federal Judge Aileen Cannon, presiding over Smith’s contrived “documents case” against Trump in Florida, wasted no time taking Thomas’ cue. Within days, she dismissed the documents case outright, ruling it to violate the Constitution’s appointments clause.
Smith’s Precarious Position
In response, Smith scrambled to appeal to the 11th Circuit Court of Appeals, hoping to preserve a slim chance to plead his case before the Supreme Court if he lost in the appellate court. Had the election turned in the Democrats’ favor, Smith would have more time and might have bet on Chief Justice John Roberts or Justice Amy Coney Barrett — both known for occasional unpredictability — to break ranks and side with the court’s three liberals and side against Thomas.
However, since Election Day, the political landscape has changed dramatically, with the headwinds blowing powerfully against Smith and Garland and, by extension, against Mueller.
Now, Smith finds himself in a precarious position. The clock is ticking, and if he doesn’t dismiss the case and make a swift exit, he’s gambling with a legal risk akin to Russian roulette. The 11th Circuit could — and likely would, considering Thomas’ reasoning on the Appointments Clause — uphold Cannon’s ruling, affirming that Smith’s appointment lacks constitutional legitimacy. If the 11th Circuit rules against Smith now, there won’t be enough time for Smith to push his case to the Supreme Court and hope that Roberts and Barrett might join the court’s liberals to bail him out. Time is running out, and Smith’s options are shrinking fast.....SNIP
Smith, Garland and Mueller facing Sedition and Depravation of Rights under Color of Law would be great.
I want to see all of the emails concerning this case.
“He had one job.”
I hope Trump appoints an AG who goes after Jack Smith and his ilk.
Also, the cases are not gone. The charges Trump was accused of have a statue limitations well beyond this term upcoming. By closing the case right now without prejudice, they fully intend to re-open those cases when the Democrats get a president in 2028. Trump needs to go ahead and issue a pardon to anyone conceivably touched by those cases, even if they are gone.
Including himself of course. Time to play hardball right back at them.
Buy stock in Bleach-Bit!!!!
I’d like to see Mark Levin as AG. He’d be a Great One.
Me too!
“I hope Trump appoints an AG who goes after Jack Smith and his ilk.”
I hope Trump’s AG goes scorched earth on the entire DOJ under Biden. Garland is a lackey, political hack, and has violated laws, the Constitution, and his oath. I want to see him held accountable, along with Comey, Wray, Mueller, Rosenstein, Stroczk, Preistap, Smith, and 100 others.
Yeah baby! Levin!
\/
could not the same be applied to justice roberts for allowing the FISA abuses and violations ?
frog march roberts
and appoint , say, Mike Davis /-)
I completely agree.
Jack Smith, Letitia James, Fani Willis, Alvin Bragg, E. Jean Carroll, Stormy Daniels, Chris Wray, Juan Merchan and other judges, et al. need to face prosecution.
Jack and Chris and the many FBI agents and DOJ attorneys involved should take note: Punishment for such crimes is particularly severe if the conspirator is an official of a federal agency or acting on its behalf.
Justice, not retribution.
Indict them.
Yes. They need to be a harsh and tragic example to others like them.
.
My first thoughts when I heard that Smith was trying to have the case wound down. It’s not a change in outlook, it’s a cover up.
Texas AG Paxton would make a great USAG. No state AG has been as successful at going after the Federal government and he has a great relationship with all the State AGs.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.