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Judge Tosses Documents Case Against Trump; Jack Smith Appointment Unconstitutional
Breitbart News ^ | 15 Jul 2024 | Joel B. Pollak

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 ...


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; Politics/Elections; US: District of Columbia; US: Florida; US: New York; War
KEYWORDS: assassination; attempts; j6; jack; jacksmith; jan6; january6; lawfare; smith; trump; unconstitutional
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To: know.your.why

If “Jack Smith” is his REAL name, I’m Bugs Bunny


21 posted on 07/15/2024 7:45:50 AM PDT by RckyRaCoCo (Time to throw them out of the Temple...again)
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To: george76

God works in wonderful, and mysterious ways.


22 posted on 07/15/2024 7:45:57 AM PDT by mware
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To: 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.”””


Clarence Thomas gave her the ‘green light’ to give Jack Smith the old, heave-ho and she did it. Thank you Judge Cannon.


23 posted on 07/15/2024 7:46:45 AM PDT by Presbyterian Reporter
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To: Robert DeLong

Our last chance to keep the constitution alive.


24 posted on 07/15/2024 7:46:55 AM PDT by Vaduz
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To: george76

The case was a sham even before the recent USSC immunity decision.


25 posted on 07/15/2024 7:47:22 AM PDT by Socon-Econ (adi)
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To: chajin

not sure it matters at this point...with or without prejudice.

Turly claimed it was the most legit case against him, but still weak sauce


26 posted on 07/15/2024 7:48:08 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'll go ahead.)
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To: monkapotamus
It just dawned on me why Alec Baldwin’s charges were dropped.


27 posted on 07/15/2024 7:49:09 AM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: george76

28 posted on 07/15/2024 7:49:31 AM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: chajin

Just ‘dismissed’ ..... no mention of with/without prejudice

Judge Cannon wrote a VERY long opinion ...in the article, go to ‘opinion’ where highlighted in blue, so it’s a link, & that will take you to a pdf of the opinion you can download.


29 posted on 07/15/2024 7:52:04 AM PDT by Qiviut (Forced obedience to obvious lies is the essence of totalitarianism-the ultimate flex for psychopaths)
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To: chajin

Since prosecutorial misconduct was not alleged, it would appear that the Justice Department is free to refile, but if Smith convened the grand jury, that indictment is also thrown out. Further, Judge Canon “looked askance” at the convening the grand jury in Washington, DC, rather than in Florida where the case is being tried, so even if the Grand Jury was legally convened, it is altogether possible that the indictment will be thrown out for venue shopping.


30 posted on 07/15/2024 7:57:41 AM PDT by Lonesome in Massachussets (לעזאזל עם חמאס)
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To: george76
Cannon's decision pretty much puts Jack Smith's bogus prosecution in DC in trash cans well.

So the Jack Smith documents case and the Jan 6 case are dead. Smith will appeal of course but that is going to take a while and he will lose.

The Alvin Bragg case is going to be vacated by Judge Merchan due to the recent Supreme Court ruling.

31 posted on 07/15/2024 7:58:23 AM PDT by rdcbn1
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To: chajin

It’s not a decision on the merits, so it would be without prejudice.

As a practical matter, it makes no difference; the lawfully appointed District Attorney is not going to convene a grand jury and obtain an indictment with what’s left of this loser of a case.


32 posted on 07/15/2024 7:59:57 AM PDT by Mr. Lucky
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To: NorthMountain

Roadrunner, may not survive this “fall” from grass.


33 posted on 07/15/2024 8:04:04 AM PDT by Glad2bnuts (“And how we burned in the camps later, thinking: We should have set up ambushes...paraphrased)
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To: Waverunner

May we be blessed with dumb enemies like her.


34 posted on 07/15/2024 8:05:47 AM PDT by nwrep
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To: Qiviut

No doubt without prejudice. If somehow Garland validly appoints a special counsel, and gets the required Senate approval, the case can continue or start up anew. But all of that seems improbable.


35 posted on 07/15/2024 8:07:07 AM PDT by maro (MAGA!)
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To: george76

Bwahaha.

Was gonna say something else, but I might want to be rude somewhere else later today.

Wouldn’t want to overdo it.


36 posted on 07/15/2024 8:08:08 AM PDT by OKSooner (FREE BANNON!!!)
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To: rdcbn1

If he was not properly appointed, would he have standing to appeal?


37 posted on 07/15/2024 8:09:56 AM PDT by RainMan ((Democrats ... making war against America since April 12, 1861))
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To: Mr. Lucky; Lonesome in Massachussets; Qiviut; chiller

Thank you all; I feared the case would continue to drag, since nothing is ever settled until it is settled the way the left wants, but this case, unlike President Trump, is dead.


38 posted on 07/15/2024 8:11:16 AM PDT by chajin ("There is no other name under heaven given among people by which we must be saved." Acts 4:12)
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To: Waverunner

That’s some good stuff!


39 posted on 07/15/2024 8:11:25 AM PDT by mad_as_he$$
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To: chajin

Without. It will be refiled.


40 posted on 07/15/2024 8:13:07 AM PDT by napscoordinator (DeSantis is a beast! Florida is the freest state in the country! )
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