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 ...
Yeah, his appeal will take long after the election. He is screwed.
“wrote former federal prosecutor Joyce Vance.”
The odds are great that this is a left leaning Democrat.
With an invalid appointment, ALL evidence gathered in the investigation is fruit of the poisoned tree, IMO.
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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.
Eat it Muthafuggers !
That idiot Kries is binging on hopium.
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.
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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.
WSJ - Sour 🍇
Joe Biden couldn’t get hired as a cashier.
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”
Mods consider removing this posting.
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.
Derivation of the word “expert”
“Ex” is a has-been, and “spurt” is a drip under pressure.
CC
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.
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.
IIRC-—HUMA HAD A PILE OF THEM ON THE FRONT SEAT OF HER CAR.
But that's the very decision he'd be appealing.
Well, does it or doesn't it?
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.
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