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Opinion | Judge Cannon Cashiers Jack Smith
WSJ via MSN ^ | July 14, 2024 | Nicholas Liu

Posted on 07/15/2024 5:30:59 PM PDT by where's_the_Outrage?

Judge Aileen Cannon's dismissal of Donald Trump's classified documents case may backfire on the former president, according to a slew of legal experts, potentially landing the presumptive Republican nominee in another court where he'd be less likely to win on the merits.

In her decision Monday, Cannon opined that the appointment of special counsel Jack Smith by the Department of Justice violated the Constitution. But she had long frustrated prosecutors and legal observers before this week for repeatedly delaying the trial and appearing partial towards Trump's team, culminating now in a ruling that one expert called "jurisprudential garbage." The decision, which clashes with Watergate-era precedent over the appointment of independent prosecutors, asserts that Smith should have been appointed by the president himself and confirmed by the Senate......

Another expert suggested that Smith turn the case over to federal prosecutors in Florida.

"If I'm Jack Smith and the DOJ, I might consider handing the Mar-a-Lago case to the United States Attorney for the Southern District of Florida, re-indict, and hope it gets assigned to a more competent judge than Cannon," constitutional law professor Anthony Michael Kreis, who believes that a reversal and re-assignment is unlikely, wrote on social media.

The documents case, based in part on the testimony from a former Trump lawyer who recalled discussions with his client over how to hide the files from government investigators, was initially considered to be the most straightforward of the four legal cases being pursued against the former president. Now, even a best-scenario replacement judge may not be enough to start the trial before November.

"Unless the 11th Circuit & ultimately SCOTUS disagree, Trump goes free for walking out of the White House with top secret documents," wrote former federal prosecutor Joyce Vance. "At best, this is seriously delayed. Disgusted."

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: aileencannon; garland; jacksmith; maralagoraid; meritlessgarland; trump; unconstitutional
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Understand that Smith is appealing this ruling.
1 posted on 07/15/2024 5:30:59 PM PDT by where's_the_Outrage?
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To: where's_the_Outrage?

Yeah, his appeal will take long after the election. He is screwed.


2 posted on 07/15/2024 5:32:38 PM PDT by circlecity
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To: where's_the_Outrage?

“wrote former federal prosecutor Joyce Vance.”

The odds are great that this is a left leaning Democrat.


3 posted on 07/15/2024 5:33:39 PM PDT by Parley Baer
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To: where's_the_Outrage?
Another expert suggested that Smith turn the case over to federal prosecutors in Florida.

With an invalid appointment, ALL evidence gathered in the investigation is fruit of the poisoned tree, IMO.

4 posted on 07/15/2024 5:35:48 PM PDT by MortMan (Charter member of AAAAA - American Association Against Alliteration Abuse)
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To: where's_the_Outrage?

.
Smith was appointed because he would stop at nothing and ignore every brake light.

The Wall Street Journal should be denigrating the weaponization of Justice and the Courts.

They don’t care because Republicans don’t fight back. It’s not going to happen to their guys.


5 posted on 07/15/2024 5:36:13 PM PDT by AnthonySoprano (Impeachment Inquiry is necessary since Deep State is blocking )
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To: where's_the_Outrage?

Eat it Muthafuggers !


6 posted on 07/15/2024 5:36:36 PM PDT by HighSierra5 (The only way you know a commie is lying is when they open their pieholes.)
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To: where's_the_Outrage?

That idiot Kries is binging on hopium.


7 posted on 07/15/2024 5:37:30 PM PDT by wildcard_redneck (He who sacrifices freedom for security deserves neither.)
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To: where's_the_Outrage?

It appears she has carefully stayed within the recent SCOTUS case’s guidelines. But I’m not an attorney. Maybe a FR legal authority has an opinion.


8 posted on 07/15/2024 5:38:33 PM PDT by elpadre ( )
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To: All

.
Selective Prosecution is unconstitutional. Yes, it is.

Biden, Comey, Hillary, and Pence had Classified Docs with zero charges brought, in fact, Hillary’s entire team had Classified Docs illegally.


9 posted on 07/15/2024 5:41:58 PM PDT by AnthonySoprano (Impeachment Inquiry is necessary since Deep State is blocking )
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To: where's_the_Outrage?

WSJ - Sour 🍇


10 posted on 07/15/2024 5:44:37 PM PDT by sjmjax
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To: where's_the_Outrage?

Joe Biden couldn’t get hired as a cashier.


11 posted on 07/15/2024 5:48:23 PM PDT by TornadoAlley3 ( I'm Proud To Be An Okie From Muskogee)
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To: All

Oops, looks like I messed up and used two articles instead of one, the 2nd article is:

Legal experts: Cannon’s dismissal may backfire and land Trump before “more competent judge”

From Salon: https://www.msn.com/en-us/news/politics/legal-experts-cannon-s-dismissal-may-backfire-and-land-trump-before-more-competent-judge/ar-BB1q1tkq?ocid=msedgntp&pc=ACTS&cvid=3a5ffd7cf02740c7be81999960ab3d8f&ei=28

Mods consider removing this posting.


12 posted on 07/15/2024 5:50:57 PM PDT by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
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To: where's_the_Outrage?

How can Smith appeal— the judges decision indicates he is not in an official capacity to do so, legally and Constitutionally, in concurrence with SCOTUS member Clarence Thomas.

He’s done and any case is done. The WSJ is full of crap! on this. Not possible.

And, parenthetically the appeal would go to the 11th Circuit whose director judge decided to eliminate all the lawfare complaints generated by Andrew Weissman and a slew of his pals- almost 1K of them against Judge Cannon. His direction- we will not review ANY complaint filed—staff should send no letters of reply and direct the complainers to the 11 Circuit website.

WSJ has done a crap job and partisan in describing and speculating on what could happen. It won’t. Done.


13 posted on 07/15/2024 5:52:20 PM PDT by John S Mosby (Sic Semper Tyrannis)
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To: where's_the_Outrage?

Derivation of the word “expert”

“Ex” is a has-been, and “spurt” is a drip under pressure.

CC


14 posted on 07/15/2024 5:52:30 PM PDT by Celtic Conservative (My cats are more amusing than 200 channels worth of TV.)
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To: where's_the_Outrage?
"The decision, which clashes with Watergate-era precedent over the appointment of independent prosecutors, asserts that Smith should have been appointed by the president himself and confirmed by the Senate...."

This is confusing the issue. It didn't have to be Smith. The issue is that the law requires a Special Counsel to be appointed from among the already appointed US Attorneys. Smith was a private citizen. They didn't have to go to Smith, they could have picked a sitting US Attorney, as other Special Counsels have been, and it would have been fine.

15 posted on 07/15/2024 5:54:18 PM PDT by mlo
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To: where's_the_Outrage?

The letter from this Director Judge of the llth Court of Appeals is on their website. The decision is clear, and totally supportive of Judge Cannon— for very specific legal crap they deluged the office with. Jack Smith is out of a job— period and this circuit court of appeals will reject anything he brings. So they go back to DC to try and indict and shop a new judge in the same circuit— not under this director’s watch.

This is plain crazy- and stupid at the same time.


16 posted on 07/15/2024 5:57:21 PM PDT by John S Mosby (Sic Semper Tyrannis)
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To: AnthonySoprano

IIRC-—HUMA HAD A PILE OF THEM ON THE FRONT SEAT OF HER CAR.


17 posted on 07/15/2024 5:57:22 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: John S Mosby
"How can Smith appeal— the judges decision indicates he is not in an official capacity to do so..."

But that's the very decision he'd be appealing.

18 posted on 07/15/2024 5:57:45 PM PDT by mlo
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To: where's_the_Outrage?
Cannon opined that the appointment of special counsel Jack Smith by the Department of Justice violated the Constitution.

Well, does it or doesn't it?

19 posted on 07/15/2024 6:00:36 PM PDT by Libloather (Why do climate change hoax deniers live in mansions on the beach?)
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To: where's_the_Outrage?

He can appeal that his momma is not a whore.. Jack Ass Smith is a son of a bitch. His illeagal appointment taints everything he’s touched. He’s a tin star Sherriff, rode out of town on a rail.


20 posted on 07/15/2024 6:01:52 PM PDT by OldHarbor (strained statutory arguments, appeals to inconsistent history, reliance on out-of-circuit authority)
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