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 ...
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.
Why would a special council use an assumed name?
Jack Smith.
Really?
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.
.
Selective Prosecution is Unconstitutional.
All day long, every day.
Comey, Pence, and Biden hid Classified Docs and shared them.
We got Jack Smith because it was felt he could deliver for Democrats.
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.
Dirty deeds done dirt cheap
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!]
Leftist believe in a conditional constitution, which means the autocratic sets the conditions.
Jack likes a fat paycheck with minimal effort.
Someone in the Traitorjoe kakistocracy gave aid and comfort to the domestic and foreign enemies of the United States.
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.)
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.
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!
“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
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.