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Arguments in U.S. District Court: Jack Smith’s Appointment as Special Counsel Is Unconstitutional
Breitbart ^ | June 21, 2024 | Bradley Jaye

Posted on 06/22/2024 7:22:43 AM PDT by libstripper

U.S. District Court Judge Aileen Cannon began hearing arguments Friday that U.S. Attorney General Merrick Garland’s appointment of Jack Smith as special counsel is unconstitutional.

Cannon’s ruling potentially could invalidate Smith’s appointment, striking a critical blow to the Joe Biden Department of Justice’s case in Donald Trump’s classified documents case before Cannon, as well as DOJ’s case against Trump in Washington for alleged interference in the 2020 election.

Friday’s arguments in Cannon’s court featured three outside attorneys, with two arguing the Smith appointment is unconstitutional and a third insisting the court should uphold Garland’s appointment of Smith. Cannon’s rare decision to allow third party oral arguments is likely due to the untested legal questions before the court, including Smith’s appointment.

(Excerpt) Read more at breitbart.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: disqualification; documents; smith; trump
This is a really good summary of what happened yesterday in Judge Cannon's court and how the DOJ came to be prosecuting, or seriously involved in the prosecution of, the Georgia and New York cases that were ostensibly filed by local district attorneys
1 posted on 06/22/2024 7:22:43 AM PDT by libstripper
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To: libstripper

Dawn right it is. Repubs never fight back and dems kill us. Ask the j6 political prisoner who left jail w stage 4 cancer and died. Dems will gleefully kill us. STOP giving them the benefit of the doubt. KILL THEM BACK.


2 posted on 06/22/2024 7:28:17 AM PDT by Singermom
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To: Singermom

Dawn = Damn


3 posted on 06/22/2024 7:29:17 AM PDT by Singermom
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To: libstripper

The Supremes have a chance — in this case and in a couple others — to reign in the federal bureaucracy and let people like Garland know that they cannot make laws all by themselves. Congress makes laws and civil servants do not. There are laws that define how a Special Counsel is created. Garland’s casual attempt to make a Special Counsel on a whim should not be allowed.


4 posted on 06/22/2024 7:32:20 AM PDT by ClearCase_guy (It's not "Quiet Quitting" -- it's "Going Galt".)
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To: libstripper

What’s also interesting is that Meese filed the amicus brief with SCOTUS in the case about the use of the Enron statute for the J6 prosecutions. I wonder if SCOTUS will rule on this in any manner before Cannon has to issue a ruling.


5 posted on 06/22/2024 7:37:17 AM PDT by ALPAPilot
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To: libstripper

Jackboot Smith is an evil cretin. The End.


6 posted on 06/22/2024 7:40:23 AM PDT by Shady (The Force of Liberty must prevail for the sake of our Children and Grandchildren...)
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To: libstripper

” Cannon pointedly asked the prosecution “Did the attorney general have any oversight role in seeking the indictment?”

James Pearce, attorney for the special counsel, declined to answer, citing policy. He resisted answering despite further probing by Cannon.”

This is the money quote that says it all. “Specia; counsel” is merely a fig leaf to cover the Biden justice department prosecuting his boss’ electoral political opponent in any number of cases preferably brought in forum friendly jurisdictions like DC to assure convictions. It went off the tracks when the docs case wound up in Florida...thank goodness.


7 posted on 06/22/2024 7:46:00 AM PDT by chuckee
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To: chuckee

For sure. Someone needs to clarify that there “policy.” It’s pretty convenient...

But I did hear Jonathan Turley say that this claim about Smith probably wouldn’t stand up and has been challenged and held up in precedents. Just the same, it may buy time. Who knows?


8 posted on 06/22/2024 7:52:56 AM PDT by gloryblaze
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To: libstripper

Now.... how about that DOJ peckerhead in New Yawk.


9 posted on 06/22/2024 7:55:54 AM PDT by LastDayz (A blunt and brazen Texan. I will not be assimilated.)
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To: libstripper

She has been very cautios to not act in a way that will provide grounds for appeal or removal from the case. THis will probably push that over the limit, and who knows what a higher court might decide? But in any case it seems likely that if they challenge her decision it will mean more delay, and that is to Trump’s advantage.

A cynic might say that’s been her gameplan all along - to run out the clock.


10 posted on 06/22/2024 8:00:43 AM PDT by bigbob
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To: libstripper

This challenge to Smiths authority isn’t a big piece either way. More important is chain of custody, defilement of evidence and authority of the president to declassify.


11 posted on 06/22/2024 8:10:31 AM PDT by lurk (u)
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To: libstripper
Similarly, the resignation on November 18, 2022 of Acting Associate Attorney General Michael Colangelo, one of the highest-ranking law enforcement officers in the country, to join Bragg’s office jumpstarted Bragg’s stalled investigations into Trump.

So Garland/DOJ directed someone who WAS an "officer of the United States" to resign to help a local/non-federal DA (Bragg) in his prosecution of Trump, and then appointed someone from outside the DOJ, who was NOT an "officer of the United States," (Smith) to lead the Federal prosecution of Trump.

That's just STRANGE.

12 posted on 06/22/2024 8:20:12 AM PDT by PGR88
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To: libstripper

Time to put Smitty’s glutus maximus in the unemployment line. The boy is worthless.


13 posted on 06/22/2024 8:20:57 AM PDT by FlingWingFlyer (When did WE decide to make America a UN 5-Star Asylum Paradise for Socialist losers?)
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To: libstripper

But it’s Trump.

Regardless of the scenario, precedents, Constitutionality and intuitively-obvious inherent unfairness, it will go down as another one in the ‘Lost’ column.


14 posted on 06/22/2024 8:21:58 AM PDT by DJ Frisat (If I said something really stupid, chances are I was under the influence of AutoCorrect. 🙄🫤)
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To: libstripper

bump


15 posted on 06/22/2024 8:25:25 AM PDT by DallasBiff (Apology not accepted.la is not the sharpest knife in the drawer)
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To: chuckee

“He resisted answering despite further probing by Cannon.”

That’d be contempt if things were reversed.


16 posted on 06/22/2024 8:51:39 AM PDT by TalBlack (I We have a Christian duty and a patriotic duty. God help us.)
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To: libstripper

As a conversational question, and not advancing a theory, could the Supremes be waiting for Cannon to render a decision? If she does, and it leads to a dismissal of Smith and his case, the question of immunity for Trump may remain moot for now, and the Supremes can defer a decision for another time.


17 posted on 06/22/2024 10:10:24 AM PDT by Enterprise
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To: PGR88

I think the point is that they they know this entire process is reversable BS But they would rather appoint some outside hack who has been overturned in the past by the SC than have someone competent like Coangelo damage his cred. I suspect they know Smith will inflict his damage but in the end will be overturned and they can then send him back to Brussels or the Hague to continue with his EU Extortions.


18 posted on 06/22/2024 12:31:01 PM PDT by Pete from Shawnee Mission
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