Posted on 07/15/2024 7:31:55 AM PDT by george76
A federal judge in Florida threw out the prosecution of former President Donald Trump on Monday in the “documents” case because she ruled that Special Counsel Jack Smith had not been appointed in a constitutional or lawful manner.
Judge Aileen Cannon granted a defense motion after ruling that Smith, who was not confirmed by the U.S. Senate as other U.S. Attorneys have been in the past, could not lawfully bring the indictment against Trump in federal court.
“In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny,” Cannon wrote
....
As Breitbart News noted last month, U.S. Supreme Court Justice Clarence Thomas suggested in a concurring opinion in Fischer v. United States — which said the Department of Justice had abused its power in prosecuting January 6th defendants under a statute about witness tampering — that Smith’s appointment was likely unconstitutional. Smith’s took aim at Thomas’s arguments in an unrelated filing in the case last week, which raised some legal eyebrows.
Smith brought charges against Trump in Florida — the site of Trump’s private residence at Mar-a-Lago — alleging that he had mishandled classified documents when he left office. Judge Cannon looked askance at the fact that Smith convened a grand jury in Washington, D.C. — a notoriously anti-Trump jurisdiction — rather than in Florida.
It is not clear if Cannon’s ruling affects Smith’s separate prosecution of Trump for January 6-related charges in Washington.
(Excerpt) Read more at breitbart.com ...
Sometimes justice prevails.
Chickens coming home to roost.
PTL!
Comes down to NY now.
perhaps they realize nothing can touch this man...
can we sue for the money spent by this unconstitutional persecution?
Good ruling for the J6R’s as well.
Judge Cannon has been wanting to defenestrate JackASS Smith from Day One. SCOTUS finally opened the window for her, and WHEEEEEEEeeeeeee!!!!
Out he goes.
Waiting for the “splat!”
I wonder if Mr. Smith is a drinker?
I can’t seem to find the answer: was this dismissed with or without prejudice?
Oh, I'm not for a minute saying they have given up entirely, more a tactical retreat so they can regroup and wait for an opportunity in the future when Trump appears weakened.
What is best?
To crush your enemies. See them driven before you. And to hear the lamentations of their women.
The pile on continues. Dems may just fold up the tent.
Hallelujah ! I’m jacked !
Cue “Bad Day”
Hit the road, Jack.
Judge Cannon is my new hero.
Their plan was to get this in front of the Judge who authorized the raid in the first place. When that did not happen the house of cards started to fall
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