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The Poor Legal Arguments of Jack Smith: How did we get Jack Smith in the first place?
American Thinker ^ | 06/25/2024 | Howard J. Warner

Posted on 06/25/2024 9:58:17 AM PDT by SeekAndFind

On Friday, Judge Aileen Cannon, overseeing the Florida-based records prosecution of former president Donald Trump, heard a lawsuit regarding the legitimacy of the appointment of special prosecutor Jack Smith.  On Sunday, his office provided the response to those complaints.  On Monday, the court entertained the oral arguments regarding this issue.  Based upon his arguments, even a non-lawyer such as myself can see that the two cases (Florida and Washington, D.C.) are illegitimate.  Now we must await Judge Cannon’s opinion.

On Sunday evening, Mark Levin announced on Fox News that his Landmark Legal Foundation had filed a brief concerning the validity of Jack Smith’s appointment.  He laid out the legal arguments.  Further information demonstrates the weakness of Smith’s argument.  Levin noted that Ed Meese and Michael Mukasey provided briefs arguing against Smith’s appointment.  I will give the information as briefly as possible.

The Appointments Clause in Article II, Section 2 of the U.S. Constitution grants the president significant powers to affect the leadership of the federal government: “and [the president] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.” 

In this way, the power to create offices and the power to appoint those persons are separated, which was not the case under the British royal power in 1776.  The founders chose to allow separation of powers and a check on the power of the Executive through the Congress.


(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: aileencannon; classified; documents; howardjwarner; jacksmith; specialcounsel
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1 posted on 06/25/2024 9:58:17 AM PDT by SeekAndFind
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To: SeekAndFind

Barack Obama’s little henchman. One of a dozen or so. He was parked on a fully paid gig in Brussels to stay out of the limelight until called up to Get Trump Duty.


2 posted on 06/25/2024 10:06:35 AM PDT by blackdog ((Z28.310) Be careful what you say. Your refrigerator may be listening & reporting you.)
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To: SeekAndFind
shopping-4
3 posted on 06/25/2024 10:10:25 AM PDT by cuz1961
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To: SeekAndFind

Why would a special council use an assumed name?
Jack Smith.
Really?


4 posted on 06/25/2024 10:13:33 AM PDT by bk1000 (Banned from Breitbart)
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To: SeekAndFind

Smith, and his lead prosecutor both spent too much time in Europe, both work for the Hague war crimes court. They are failed American attorneys, and have no business practicing. But this is in a real case anyway, it’s just a political prosecution.


5 posted on 06/25/2024 10:13:49 AM PDT by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2024... RETURN OF THE JEDI. )
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To: SeekAndFind

.
Selective Prosecution is Unconstitutional.

All day long, every day.

Comey, Pence, and Biden hid Classified Docs and shared them.


6 posted on 06/25/2024 10:23:36 AM PDT by AnthonySoprano (Impeachment Inquiry is necessary since Deep State is blocking )
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To: All
IMG-6020 IMG-5866 IMG-5863
7 posted on 06/25/2024 10:24:11 AM PDT by AnthonySoprano (Impeachment Inquiry is necessary since Deep State is blocking )
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To: SeekAndFind

We got Jack Smith because it was felt he could deliver for Democrats.


8 posted on 06/25/2024 10:28:04 AM PDT by popdonnelly (All the enormous crimes in history have been committed by governments.)
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To: SeekAndFind

Democrats don’t recognize the constitution as legal, and won’t ever recognize any decisions which they didn’t approve of, and any decision made by non-democrat judges won’t be recognized wither.

The DOJ and FBI are democrat institutions, therefore, only democrats can decide what’s right or wrong, with wrong coming only from the republican side.


9 posted on 06/25/2024 10:31:27 AM PDT by adorno (CCH)
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To: SeekAndFind

Dirty deeds done dirt cheap


10 posted on 06/25/2024 10:35:46 AM PDT by bigbob
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To: SeekAndFind

Unfortunately, no matter how legally sound the argument Smith is without constitutional authority, it will go over the heads of 98% of Americans. Not that this many are dupes or ignorant, but because they will be deprived of the actual law and reasoning of the decision and instead will be fed a non-stop diet of propaganda.

The MSM/deep state narrative will be this judge is a PDJT appointee and her loyalty to him is the reason Smith is dismissed. That will be the story that leads every MSM broadcast.

It will be a lie, facts and law ignored, but it will be the central point should Judge Cannon rule according to the law [which, if she is to be measured by past rulings, is the odds on favorite - I hope!]


11 posted on 06/25/2024 10:36:23 AM PDT by TonyinLA (I don't have sufficient information to formulate a reasoned opinion said no lefty ever.)
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To: adorno

Leftist believe in a conditional constitution, which means the autocratic sets the conditions.


12 posted on 06/25/2024 10:36:50 AM PDT by Eli Kopter
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To: adorno
nothing more than washington district of cartels gang bang enforcers imho. images-14 and this is the same m.o. jake the ripper used in europe at the hauge iirc images-40
13 posted on 06/25/2024 10:37:52 AM PDT by cuz1961
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To: DesertRhino

Jack likes a fat paycheck with minimal effort.


14 posted on 06/25/2024 10:39:43 AM PDT by chopperk (are)
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To: SeekAndFind
"How did we get Jack Smith in the first place?"

Someone in the Traitorjoe kakistocracy gave aid and comfort to the domestic and foreign enemies of the United States.

15 posted on 06/25/2024 10:41:51 AM PDT by Carl Vehse (The Constitution has a word for that.)
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To: SeekAndFind

He was put in for one reason.....to ‘get’ Trump on anything he could make up.
Smith is a prosecutor who “pushes the envelope” & “anything goes” in order to get a conviction.

Smith deserves tar, feathers, & a rope around his neck.(It won’t happen but would make great pay-per-view.)


16 posted on 06/25/2024 10:43:20 AM PDT by unclebankster (Globalism is the last refuge of a scoundrel.)
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To: SeekAndFind

WIKI

“The Office of Special Counsel was an office of the United States Department of Justice established by provisions in the Ethics in Government Act that expired in 1999. The provisions were replaced by Department of Justice regulation 28 CFR Part 600, which created the successor office of special counsel.”

https://en.wikipedia.org/wiki/United_States_Department_of_Justice_Office_of_Special_Counsel

The person who runs anything within the scope of Article II the US government has traditionally officially called an “Office” is (or must be) an officer with respect to the US Constitution.


17 posted on 06/25/2024 10:49:10 AM PDT by Brian Griffin
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To: SeekAndFind

Judge Cannon is, truly, the “Wise Latina” in thiis case! I think she’s outthinking these people! Trump ought to nominate her for SCOTUS when the time arises!


18 posted on 06/25/2024 10:52:58 AM PDT by old school
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To: SeekAndFind

“officer
...
1...armed services.
2. a person appointed or elected to a position of responsibility or authority in a government, corporation, or other organization.
3. a policeman...”

My 1978 Random House Dictionary


19 posted on 06/25/2024 10:55:58 AM PDT by Brian Griffin
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To: old school

She just doing her job properly, for which she gets paid over $3,000/week.

The job involves knowing the rules of procedure and of evidence well.


20 posted on 06/25/2024 11:03:24 AM PDT by Brian Griffin
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