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Posted on 06/19/2024 4:16:37 AM PDT by CFW
This is a guest post by David W. Fischer, a Maryland and D.C.-based criminal defense attorney and the senior partner at Fischer & Putzi, P.A. Most recently, Fischer defended January 6 defendant Thomas Caldwell, who was acquitted on seditious and other conspiracy charges.
Southern Florida has seen its share of hurricanes, but an earthquake may soon hit the Treasure Coast area as a result of Donald Trump’s motion seeking to dismiss his documents indictment based upon Jack Smith’s alleged illegal appointment as Special Counsel. U.S. District Court Judge Aileen Cannon has set aside two full days (Friday and Monday) to hear arguments addressing whether Smith has the legal authority to prosecute the former president, a clear sign that she perceives Trump’s argument as tenable.
The Democrat “lawfare” team should be nervous.
The argument that Attorney General Merrick Garland lacked authority to appoint Jack Smith as Special Counsel to prosecute Trump first surfaced in an amicus brief filed by former Attorney General Edwin Meese in Trump’s immunity appeal (now pending before the U.S. Supreme Court). Meese’s argument emphasizes that Smith has been vested with sweeping powers equivalent to the 93 presidentially appointed (and Senate-confirmed) U.S. Attorneys. According to Meese, Smith has no constitutional authority to act as an unofficial 94th U.S. Attorney because he is not, unlike U.S. Attorneys, a presidentially appointed “officer of the United States” as that term is used in Article 2, Section 2, Clause 2 of the Constitution.
[snip]
Make no mistake, Meese’s argument in favor of dismissing any indictment that private citizen Jack Smith has brought is strong--and that’s why Judge Cannon is seriously considering sending Smith and his political indictment to the garbage can.
(Excerpt) Read more at declassified.live ...
And so what is going to happen?
“And so what is going to happen?”
“Jack Smith” or whatever his name is, will not be able to walk the streets.
The law seems pretty clear in this case. This should take Judge Cannon about 15 minutes to make her decision public. I’m pretty sure she has already made that decision.
The law has been applied to annihilating its own justice that it was supposed to maintain. - The Law - Frederic Bastiat 1901-1850
We no longer have a Justice System. We have a Legal System.
That is so true, “justice” is something someone is awarded with for good behavior
Not sure who first said this but in todays legal system, the process is the punishment
Ask Flynn, Trump…….
An entity (federal govt or even state gov) have nearly unlimited resources, at least compared to the “defendants”. Just going through the litigation process and financially and mentally break just about anyone. And those federal or state attorneys don’t have a dime in it
“Unlimited resources stolen from the taxpayers to pay for the very lawfare the government uses to destroy its detractors is the most diabolically brilliant system ever invented by evil people” L.Star
Meece is correct that Smith is illegal. Judge Cannon drop kicking him to the curb is another matter. I hope she does.
Bkmk
“justice” is nothing more than state sanction revenge, or punishment.
justice is purely reactive. A crime has been commited and someone could be prosecuted for it. There is nothing inately compensatory about criminal justice. It’s not meant to give anything back to any ‘victims. That’s what civil lawsuits are for.
In the case of our current spat of ‘lawfare’, the real crime is not being a part of the establishment power structure, and not cooperating with their plans. The “crimes” that people are being charged with are incidental or opportunistic. The punishment isn’t really for the “crimes” that they were actually charged with.
BTTT
So Meece signed the brief because he’s a former US Atty General. I’d like to know who initially raised the issue and who actually wrote the brief. That’s some nice lawyering. Respect.
So what’s the issue?
Smith wasn’t legally appointed, nor confirmed.
He’s an invalid prosecutor, PERIOD!!!
Smith was never confirmed by the Senate when he previously worked as assistant US Attorney(civil service). He was an acting US attorney for a few months while a replacement US Attorney was confirmed. Mueller had been confirmed by the Senate on 2 different occasions as US Attorney and FBI director. I think one can make the case the Mueller’s appointment was illegal because he was a private citizen at the time.
IMHO, the judge has been delaying dismissing the case until before the election when the court of appeals is unlikely to issue an opinion before Election Day.
“ We no longer have a Justice System. We have a Legal System.”
Perfectly stated.
ping
“IMHO, the judge has been delaying dismissing the case until before the election when the court of appeals is unlikely to issue an opinion before Election Day.”
Possible. I think she is crossing her ‘i’s and dotting her’t’’s to make sure her decision is airtight and all motions and positions from each side is given full consideration.
There are a couple different pathways for dismissal. One is the illegality of Smith’s appointment. The other is the selective prosecution. I think late summer/early fall, she will pick one of those and dismiss the case. Yeah, it would then be too late to get anything done, even in a higher court, to have any effect on the election.
It was smart of Trump to get the heck out of NY and establish residency in Florida.
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