Posted on 07/26/2024 11:24:12 AM PDT by Enlightened1
A federal appeals court has hampered the latest attempt by special counsel Jack Smith to save his classified documents case against former President Donald Trump that was dismissed earlier this month by U.S. Florida District Judge Aileen Cannon.
Politico reported that Smith’s bid to revive the case is on life support after the 11th Circuit Appeals Court announced it would give both sides until mid-October to submit briefs for a case that is now certain to remain unresolved before the November election. The announcement comes less than a month after Judge Cannon ruled that federal law is ambiguous about whether Smith, a Justice Department representative, was properly appointed by U.S. Attorney General Merrick Garland. After all filings are in, the appeals court would hear oral arguments, with a decision expected weeks or months later.
The decision is a major blow to Smith, a favorite foil of Trump who has feuded with Cannon, a Trump appointee, over perceived biases in the case. In April, the prosecutor demanded that Judge Cannon rule expeditiously on jury instructions related to the Presidential Records Act so that he may appeal the ruling if she decided that defense attorneys would be allowed to argue that all documents in Trump’s possession were declassified during his time as president. Cannon responded by unsealing a series of documents showing that Smith and DOJ prosecutors threatened the attorney of a Trump defendant and coordinated with the U.S. National Archives to keep Trump’s attorneys out of the loop as they prepared for a raid on Mar-a-Lago. President Trump has previously highlighted a document showing that FBI officials who conducted the raid were given permission to use deadly force.
Smith is still prosecuting President Trump in the Washington, D.C. district where he faces four counts of election interference related to actions and statements surrounding the January 6th, 2021 riots at the U.S. Capitol. In that case, an Obama-appointed judge has been more favorable to the federal prosecutor, imposing a gag order on Trump and setting an early trial date despite millions of pages of evidence left to parse. Still, most legal observers believe Judge Tanya Chutkan will be unable to make a decision before the election; if Trump wins, he is expected to move immediately to have the DOJ drop both cases against him.
Pull the plug
” if Trump wins, he is expected to move immediately to have the DOJ drop both cases against him”
Followed by charging Smith with malicious prosecution, election interference under 18 U.S. Code § 595, misuse of federal funds, perjury, evidence tampering, and a list of other crimes too numerous to repeat here.
Chutkan merely needs to be deported home to Jamaica. She can take her homie Harris with her.
But what’s going on with “Jack’s” DC case?
Smith is still prosecuting President Trump in the Washington, D.C. district where he faces four counts of election interference related to actions and statements surrounding the January 6th, 2021 riots at the U.S. Capitol. In that case, an Obama-appointed judge has been more favorable to the federal prosecutor, imposing a gag order on Trump and setting an early trial date despite millions of pages of evidence left to parse. Still, most legal observers believe Judge Tanya Chutkan will be unable to make a decision before the election; if Trump wins, he is expected to move immediately to have the DOJ drop both cases against him.
This sounds as if it means Smith can’t force a hearing as fast as he wanted... the right to a speedy trial, you know, that he developed a love for.
Jack will be a big hit in prison.
Smith will not pull the plug, he is playing with house (taxpayer) money and is doing exactly as he is told.
Over here!
Fearless prediction: if Trump is leading Kamala around mid-September, Merchan will go nuclear — sentence Trump four years to Rikers, to begin immediately. He actually thinks this will help Kamala lol
Bingo.
Two things:
Heck, I’d force the DOJ to settle out of court, give me billions in penalties for the illegal harassment, and have them sign off on never coming after me for anything, ever again.
They screwed that one up.
To comply with Trump’s due process rights, a new grand jury must be empanelled to hear evidence.
I seem to recall that sentences at Rikers are limited to a year or less - anything more and they are served at a state prison like Attica.
Misdemeanor < 1 year, “county jail”
Felony >= 1 year, State Prison
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Duly noted, thanks.
“Smith’s case is on life support” said the article. Therefore, PULL THE PLUG ON THE CASE.
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