Posted on 07/15/2024 2:53:33 PM PDT by CFW
Jack Smith should be writing a thank you note to U.S. District Court Judge Aileen M. Cannon right about now.
By dismissing the so-called classified documents case against Donald Trump and his two co-defendants, Cannon just spared the special counsel and his team months of continued humiliation in her Florida courtroom and, eventually, in front of the nation.
In a 93-page order issued on Monday, Cannon, in her typically cautious and detailed manner, explained why Smith’s appointment violated the Constitution; Attorney General Merrick Garland appointed Smith in November 2022 to take over the Department of Justice’s existing investigations into Trump’s role in the events of January 6 and for allegedly hoarding national defense files at Mar-a-Lago after he left office.
Trump’s lawyers earlier this year filed a motion to dismiss the 40-count indictment, handed down by Smith in July 2023, based on the fact Smith’s appointment violated both the Appointments Clause and and the Appropriations Clause of the Constitution. Smith, of course, opposed the motion, arguing that internal DOJ regulations and a random set of federal statutes—none that specifically designates the appointment of a special counsel since the Independent Counsel Act expired in 1999—enabled his position.
[snip]
Smith’s last hope to salvage any remaining shards of his unjustified reputation lies in the friendly courtroom of Judge Tanya Chutkan but that will be another painful slog.
But for now, the only person who should be happier than Donald Trump and his co-defendants that this case is closed is Jack Smith.
(Excerpt) Read more at declassified.live ...
But she called it! She called it every step of the way.
And if you want Technofog’s opinion on Judge Cannon’s ruling, it is here:
https://technofog.substack.com/
On July 1, when the Supreme Court issued its opinion concerning Presidential immunity, Justice Clarence Thomas wrote in his concurring opinion:
“I am not sure that any office for the Special Counsel has been established by law as the Constitution requires.”
For Justice Thomas, “is no law establishing the office that the Special Counsel occupies,” then Special Counsel Smith is not “duly authorized” and “he cannot proceed with this prosecution.”
Today, Judge Cannon, who is overseeing Special Counsel Jack Smith’s case against Donald Trump, et al., in the Southern District of Florida, took those arguments to their logical conclusion and dismissed the Special Counsel’s case against Trump.
According to Judge Cannon’s order and memorandum:
“The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointment’s Clause of the United States Constitution.”
To reach this conclusion, Judge Cannon had to answer a threshold question: whether there is a statute in the U.S. Code that authorizes Special Counsel Smith to conduct the prosecution. For Judge Cannon, “the answer is no.”
A nonsense take. Smith is an ideologue and drone who was pushed forward by Garland and the deep-state specifically to create months of anti-Trump headlines and legal harassment.
Garland is a life-time DOJ apparatchik and even a SCOTUS candidate. He obviously knew courts (at least constitutionalist judges) would raise serious questions about Smith's position and lawfare against a President.
there's no humiliation whatsoever. Garland and Smith may not have achieved 100% of their goals, but they achieved 75%
“The ruling prompted former federal prosecutors to float suggestions on social media that Smith should dismiss the case before U.S. District Judge Aileen Cannon rather than appealing her decision to the 11th U.S. Circuit Court of Appeals. The Justice Department could then try to refile the case either in a different jurisdiction or with a different team of prosecutors.”
How many Special Counsel cases from the past can be revisited?
They are saying they will appeal. Just go away already, you gave it your best, now back to the rock you crawled out from.
So Mr. Elite FBI Director, how much has this charade cost the taxpayer?
I read the entire decision. Cannon is a brilliant legal scholar worthy of eventual appointment to the U.S. Supreme Court.
In other Court news, the Fifth Circuit Court of Appeals takes Trump team’s case against DA Alvin Bragg and Judge Merchan.
The case against Trump, involving 34 felony counts of falsifying business records, spearheaded by Bragg, has faced enormous skepticism, with claims of political motivation from both sides.
since Jack is illegitimate and has no authority to spend $$ so who’s footing the bill????
Well, the D.C. Deep State Circuit will rule Smith’s appointment is constituitional. If Cannon is affirmed on appeal, then SCOTUS must decide the isse. Cannon delayed and timed her ruling so that any remand on appeal is after the election. Trump will most certainly promote her.
That’s just stupid. He has been disgraced. And President Trump doesn’t need the distraction.
Asking for a FRiend...
Just heard that the DOJ has approved Smith filing an appeal. Will be funny if he does and they quickly reject. He’s not going to win.
Look in the mirror. There you'll find your answer. LOL!!
How many millions of $ did she save the tax payer from this scumbag’s unlimited budget.
To revisit a special prosecutor case you must first have a special prosecutor. This case didn’t have one that is why it was dismissed
The whole purpose was to smear Trump’s name before the election.....
Trump should sue.
I’d also read a lot of crap from her that was dead wrong, too numerous to list.
But yeah, she got this one right.
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