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 ...
Thank Ed Meese!!!!!!!!!!!!!!!!
Did I imagine it, or did the FBI admit to creating the cover letters that said classified, etc., for the documents?
I have yet to hear a democrat playing nicey-nicey. They never rest, and will simply drive on to make Trump’s term as miserable and ineffective as they can.
There’s a cast of characters on the side of good, here. Ed Meese is definitely one of them.
it's just like the Joker in Batman
He, and Garland, would have to appeal his appointment first, I presume, before the case. Or Garland can try to appoint a legit prosecutor.... hello 2030 ...
Government appealing the correct and appropriate decision og Judge Cannon is the best thing they could do. Establish unanimity amongst the circuits regarding the unconstitutional nature of the fake appointment, and all the lawfare cases get bounced. If the 11th says different, then its up to SCOTUS, which will definitely land on the correct side of this issue. Executive edict does not and cannot override the US CONSTITUTION
They did. It was Jack Smith who admitted it in court.
Yes He does, and all we have to do is Pray for Him to lay His Hands upon the earth and bring out the Sunshine to move the darkness to find the corruption. Amen.
Sentencing is not til Sept & there have to be hearings on admissibility of evidence first per SC. That’s why Merchan said sentencing delayed til Sept “if still necessary”
Hello, 2025 January. Trump in charge of DOJ, new players. Lawfare closed.
Based on this ruling, Trump should submit a motion, asking that the federal government reimburse 100% of his legal fees, and also bill - at his rates ($10,000/hour?) for the time that he had to spend dealing with this case.
The sound you hear all across America now are the Libs all stampy feet. LOL!
Trampling on people’s rights seems to be something they like doing in a “democracy”.
I’d be interested in reading the entire order if someone has a link to it.
Thanks for pointing out it was referenced in the article!
For those interested, here is a direct link.
I think it's much more than that. After the shooting, I don't see how any sane American doubts that the past four years -- everything that's happened over the past four years -- has been direct action by the Washington establishment and the Democrat party.
They are guilty of treason, plain and simple. And there is a very harsh penalty for that, which they richly deserve.
Just wondering where this may go, now that Trump is in revival and wants unity and all that. I'm interested to see just how far he appears to be willing to go as indicated by his changed convention speech.
AMEN!
Burglary of an occupied building.
Robbery.
Assault with a deadly weapon.
Unauthorized access to national security documents.
Vandalism.
Criminal conspiracy.
Every agent involved needs to spend a lot of time in prison.
Their supervisors do, as well, as accessories before and after the fact.
Throw some more charges at JackASS Smith. Accessory to all of the above, plus impersonating an officer of the court, and defrauding the US Government.
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