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 ...
Likely a lie from the same people that pushed the Russia nonsense.
No, it would not have been “fine” if the Special Counsel, no matter whom it was— was not voted on by the Senate for Approval. The Democrats made this rule having suffered for YEARs under the “Special Prosecutor” laws and rules— and eliminating them to this.
They could appoint someone other than Smith— who would not get carte blanche approval by the Senate and the SCOTUS rule is clear—the appointment has to be Senate approved. And it would not be not this year. These people are cray cray.
US Attorneys are approved by the Senate.
Joyce Vance is an Obama appointee.
Yes to the 11th Circuit who has already backed up Cannon’s decision. You understand this? The SCOTUS concurring opinion of Thomas, who has jurisdiction for SCOTUS decisions in FL and several states (SC,GA,AL)— is the deciding “appeal”.
It won’t go anywhere.
That’s fine, FRiend— any US Attorney who is to be appointed Special Counsel must be approved by the Senate for that Special Counsel assignment. The Democrats drew up these rules and they are going to be fried by them. Very deserving of it.
Why didn’t she Refer him for Criminal Prosecution for the Felonious FRAUD he Perpetrated on the Court and the Defendants?? She should have.
Thomas' concurrence was in a different case and he was expressing his opinion. He's right, that's not the point. But if the issue ever gets to the Supreme Court, the entire court would have to rule on it.
“Joe Biden couldn’t get hired as a cashier.”
He couldn’t handle Walmart greeter.
Read the concurrence in the immunity. Then maybe you’ll understand. Or conversely, go the the 11 Circuit Appeals site and read the Chief Judges directive there, to get an understanding that even if Smith is stupid enough to appeal- it would go through the Chief Judge’s office. He’s already totally supported Cannon’s handling of this case— in fact he’s the one who gave it to her instead of the jackass who signed the warrant for Mar-a-lago.
Do your own research. Done explaining.
I'm not sure if this is true. Any citation or reference you can provide to a specific law that covers this would be appreciated.
This points to a much bigger problem with federal laws in general -- namely, that there is almost always going to be a conflict of interest any time the federal government prosecutes a political figure. Ironically, this is an underlying flaw of the entire U.S. Department of Justice -- which has effectively become a fourth branch of the federal government without any effective Congressional oversight. I would not be surprised if this is one of the underlying motivations of strong "originalist" judges who are closely scrutinizing cases like this one -- to effectively strip the DOJ of its unconstitutional powers and restore them to state prosecutors.
“You’re fired!”
She still can— in an additional ruling. Let’s see. Buy some popcorn. Lawfare is over with-— they should stop but then how would these f’ers make a living sucking out our life’s blood from the federal coffers?
If the appeals courts grant the appeal, it will go to SCOTUS where Cannon’s ruling is likely to be upheld.
You understand that the “Independent Prosecutor” statute is no more— thanks to these very same Democrats who were shredded by several years long prosecutions. Now there is the Special Counsel decision years ago by Democrat Congress which is in force. Requires any Special Counsel must be approved by the Senate, be they already US Attorneys.. or not.
Plus they would also have to consider what docs were taken as "official acts" and whether any evidence was garnered from knowledge of an official act, etc. Plus the entrapment of the GSA demanding Trump take the docs, the DOE backdating withdrawal of Trump's clearance, etc., etc.
There's so much legal manure in this case it would take a legal Hercules to clean out the stables.
Would say look up the Special Counsel Congressional Act the demonrats drew up and passed to replace the Independent Prosecutor one (Ken Starr, and others made their lives years of prosecutorial persistence... unlimited budget, etc.)
They’ll have to find someone other than Smith to appeal it— otherwise the appeal would be faulty— and uh... shall one say self-serving?
The SCOTUS assigned district of FL is assigned to Clarence Thomas who has actually already opined. So they could try to pursue to there, after 11th Circuit Appeals says NOPE!
Selective prosecution would destroy anything revived by such a Hercules. See the decisions on Pence and Joey Bags Xiden, and for that matter Hitlery clintooonian.
In a way I think Cannon’s ruling benefits Smith. By dismissing on the appointment grounds, Smith is blameless. Had she ruled on the myriad defects in the case, it would tarnish Smith’s record/reputation, not because he committed those defects but because he elected to pursue the case in spite of the obvious weaknesses in the case.
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