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 ...
Thomas has been waiting on just this precise opportunity to drop the axe on Jack Smith and he did it with relish.
The interesting thing is the discipline it takes to wait for that right opportunity to maintain the discipline of the order of things in the Republic.
That is what I think too. Think it will ever happen? I don’t either.
Somehow I left out “violation of civil rights under color of law” ... I was thinking it.
In any case, none of it will happen, regardless the election results in November.
“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”
they sure do...
If Smith was made a prosecutor for the Jan. 6th case in the same way— then he is ALSO an illegal prosecutor for that. This ruling would carry over. He is, bluntly not an official prosecutor, per Constitutional and Congressional acts.
Not by Smith it won’t. So not likely refiled at all. The politics of proper appointment is not running Garland’s way, and certainly not Smith’s.
His last name is Auff.
Hysterics for Kamala....
Substitute “her” for “him”——
https://getyarn.io/yarn-clip/4392408e-4876-4105-8fe5-321707465691
How much was Jack Smith paid during all this?
Finally!
Does Trump get any money back due to this ruling?
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