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 ...
The decision doesn’t say. I don’t know the federal rules of criminal procedure, but as a general principle procedural dismissals are without prejudice because they don’t go to the merits, but the statute of limitations continues to run as if the first case hadn’t been filed. The general federal statute for crimes is six years, so well within the statute for refiling. However I’m thinking that the DOJ may have lost its appetite for fresh lawfare in light of recent developments
Oh no. All those hours and all those taxpayer dollars. Jeez Merrick.
More liberal heads popping. Lol.
And sometimes a little too late. What damage was done that can never be repaired. Might have been one of the reasons for some to think that assassinating Trump was a good idea.
But we will accept the win.
But that's just a tidbit I remember...and I will look for that opinion.
If prosecution refiles, they would still have the obstacle of mishandled evidence, which would be impossible to fix.
She picked a good time to toss the indictment. We will hear at lot less caterwauling about “Trump getting off on a technicality.” Yeah, the Constitution and Due Process are technicalities.
ALL YOUR ILLEGAL APPOINTMENTS BELONG TO US!
Only two possibilities:
Garland, top LEO of the nation, and life-long DC legal apparatchik - had NO idea that the courts would look closely at his appointment of some guy off-the-street to prosecute a former President? If so, he’s a complete idiot
OR - he expected it, and did it anyway. Which means it was simply a planned media psyop, political prosecution, and election interference.
I read that the government will likely appeal to the 11th circuit. I forget if the ability to appeal means with or without prejudice.
Garland was sooo pis*ed his SCOTUS appointment failed, he became unhinged, as Biden would say. He went off the deep end, decided to break laws to get even.
Great news.
Now watch out for Merchan. That rotten commie bastard is their last best hope. I predict the maximum sentence on each charge and Trump remanded to prison immediately after sentencing. The democrats will not stop.
His real name is Jack Schitt.
They think he’ll be as vile and unprincipled, once in office, as THEY have been
Stupid and corrupt people think everyone is just like them
That is a very good question.
He will appeal, that’s for sure.
The DC sewer , not only a swamp..
-2- There will be more assassination attempts.
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