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 ...
One would take Julie’s word before any of those other smartasses.
> Cannon is a brilliant legal scholar worthy of eventual appointment to the U.S. Supreme Court.<
That would be icing on the cake, especially if Vance makes the tie breaking vote.
EC
They just sent the appeal to the 11th circuit court. We will see how they make out. No matter what, the trial definitely won’t be conducted before the election.
Exactly
That's why the author claiming Smith was "saved from humiliation" was silly.
His and Garland's job was to conduct this charade. They didn't get a favorable judge, so they didn't get 100% of what they wanted, but they were still successful nonetheless.
What is there to stop the embittered Merrick Garland from appointing a new special Prosecutor and asking the friendly Senate to approve him? Could that prosecutor then hire Smith to act as an assistant?
“Many legal scholars and attorneys have mocked Julie Kelley’s take on the Florida case over the past few months.
But she called it! She called it every step of the way”
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There has been plenty of discussion by people on Smith’s team about using an adverse ruling by Cannon to have her recused from the case. We shouldn’t be celebrating yet.
“Trump will most certainly promote her.”
I certainly hope so.
I would also expect some of the RINOs in the senate to protest her nomination. Maybe we can win a couple extra seats in the upcoming election to offset the RINOs.
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.>>>. This case dismissal might hinge on the use of Trumps tweets to corroborate Cohens testimony . According to the immunity decision and other rulings his tweets are part of his official communications which are inadmissible in a criminal case.
I’d also read a lot of crap from her that was dead wrong, too numerous to list.
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How about a little hint?
I know this is a stretch and probably not going to happen but my hope is that Trump’s AG will pursue federal charges against Smith. Even if found not guilty he can be bankrupted in the process. Turn about is fair play.
If I have ever seen someone who would not have standing, it is Smith. The Judge just ruled that he could not bring the case because he was not properly appointed. In short, he has no right to appeal. Now, Garland could appeal, but Smith, no. Furthermore, what would he even be appealing? He did not lose the case, he was given the legal equivalent of being told his identity was stolen ... or more accurately ... he stole his own identity.
What took her SO DAMN LONG??
I suspect he will
If nothing else, they should be able to get him on illegal possession of classified documents. Sweet revenge.
The strongest part of the case against Smith was the handling of evidence in the Mar a Lago raid. No security cameras. Trump’s lawyer kept outside. Files out of order. Document sleeves brought into the scene. Boxes of docs shoved onto Trump by NARA.
Suck it libs.
Seems to be basic Constitutional law, not sure why it took 93 pages to state her basis.
Why do we settle for a U.S. Attorney General, who doesn’t know or understand this basic language?
He wanted to spend months on this. The whole point was to have it in the news cycle. If they managed to get a conviction great.
11th Circuit Appeal headed up by a Judge who announced a blanket rejection of any legal beagle complaints of Jbyudge Cannon’s decisions, court demeanor— anything. Told the staffers not to send letter replies, just direct the numerous specious complainants (who were ginned up by Andrew Weissman and his buddy) to go to the Court’s website for his statement and direction— that none would be examined.
That Appeals Circuit will say— this prosecutor has NO office to make an Appeal. Rejected.
“Seems to be basic Constitutional law, not sure why it took 93 pages to state her basis.”
—
It’s much like if you allege your Fourth Amendment rights were violated. You can’t just state that as a fact in one sentence and then the judge agrees and enters an Order stating “Defendant’s rights were violated”. The judge has to set out the evidence, precedent, and law she is basing her Order on in making that decision. And considering the DOJ we have right now, she had to cover all bases and make her Order as airtight as possible.
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