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Law selectors, pages, etc.
Florida judge dismisses the Trump classified documents case
By HatetheSwamp
July 15, 2024 7:52 am
Category: Law

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With liberty and JUSTICE for all.

The Florida judge overseeing Donald Trump's classified documents trial dismissed the case against the former president Monday on the grounds that the appointment of and funding for special counsel Jack Smith was illegal.

U.S. District Judge Aileen Cannon, a Trump nominee to the bench, said in her 93-page decision that Smith's appointment was "unlawful" and unconditional. "The clerk is directed to close this case," the judge wrote.


Clarence Thomas said as much in his Immunity Opinion.

Lawfare's a loser!


Cited and related links:

  1. nbcnews.com

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Comments on "Florida judge dismisses the Trump classified documents case":

  1. by HatetheSwamp on July 15, 2024 8:01 am

    Benny Johnson, "ARE YOU SICK OF WINNING!!!!!?"
    View Video


  2. by Curt_Anderson on July 15, 2024 8:15 am
    So the case was dismissed because Judge Eileen Cannon believes it’s unconstitutional to have special counsel who is not appointed by President Biden and confirmed by the Democratic Senate.

    Never mind that there have been special counsels and prosecuted cases, including the one who prosecuted Hunter Biden. Of course, if Biden and the Democratic Senate HAD appointed the special council, Trump and Republicans would be whining about political persecution, and “lawfare”.

    An appeal is imminent.





  3. by HatetheSwamp on July 15, 2024 9:40 am

    I'm sure it'll be appealed.

    But, the lawfare?

    It's a no-brainer that this'll go to the 11th Circuit and then to the Supreme Court. A final decision might come down next June?

    Based on what I'm hearing, Cannon will probably be reversed by the Appeals Court but she already has one vote on the Supreme Court. This Court has already made it clear that it's reviving the authority of Congress. And, that's the course Cannon has set.


  4. by Indy! on July 15, 2024 11:44 am
    You guys love "lawfare" - it comprises about 75% of the posts on this board.


  5. by oldedude on July 15, 2024 11:52 am
    So the case was dismissed because Judge Eileen Cannon believes it’s unconstitutional to have special counsel who is not appointed by President Biden and confirmed by the Democratic Senate.

    So you don't even bother to see the "reasoning" for the ruling. Well Done. welldone.

    This issue is that Smith was a private citizen at the time he was "appointed" which is illegal because for federal cases the Special Counsel has to be an active federal Attorney. Garland screwed your pooch on this one. Blame him for screwing the whole thing up. It seems pretty easy to me! And there's not a lot of wiggle room in the law.

    Also, this doesn't hold any weight on any other case.


    Trump’s lawyers argued in court papers filed in February that the appointments clause of the Constitution “does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States. As such, Jack Smith lacks the authority to prosecute this action.”

    "Since November 2022, Special Counsel Smith has been exercising 'power that [he] did not lawfully possess.' All actions that flowed from his defective appointment — including his seeking of the Superseding Indictment on which this proceeding currently hinges — were unlawful exercises of executive power," she wrote.

    nbcnews.com


  6. by HatetheSwamp on July 15, 2024 11:54 am

    OD,

    Her reasoning is powerful and impressive... and, it seems to anticipate how the Supreme Court will value the authority of the legislature.


  7. by oldedude on July 15, 2024 12:14 pm
    I agree. It's almost like she wrote for SCOTUS. Constitutional history, well thought out.


  8. by Donna on July 15, 2024 12:36 pm

    I'm certainly no legal expert, but it seems to me that if the Constitution were that cut and dried, Merrick Garland wouldn't have hired Smith.

    There will certainly be opposing arguments, but at this point it doesn't matter because it wasn't going to trial before the election anyhow due to Trump's favorite loyalist was able to delay it long enough.


  9. by HatetheSwamp on July 15, 2024 12:50 pm

    Donna. Certainly. This argument has come up in other cases and the Judge reached t'other opinion. Cannon's decision is an outlier.

    What I'm hearing is that, based on recent decisions in which the Court has chosen congressional authority over Executive Branch officials, and bureaucrats, is the, ultimately, she may be upheld.

    But, as far as the lawfare po loves so much, the case is over.


  10. by Indy! on July 15, 2024 1:12 pm

    We'll eventually find out the Ds - in some way - made all this happen.


  11. by Ponderer on July 15, 2024 1:39 pm














    An inch a a fucking half.

    An inch and a god damned, motherfucking half...
















  12. by Indy! on July 15, 2024 2:12 pm

    Or maybe it was a perfect shot. The shooter was a Repub - maybe he was... ahem... shooting for the sympathy vote the orange monkey turd will surely get now.


  13. by Donna on July 15, 2024 2:17 pm

    The slow-moving fascist coup is almost complete now. Imagine what the country will look like after Trump fills the judiciary and all of the other high-level federal government positions with his personal loyalists. Most Americans have no idea what's coming. God help us all.


  14. by Donna on July 15, 2024 2:46 pm

    "Her reasoning is powerful and impressive"... until you consider opposing opinions, which you probably haven't heard yet, like -

    "This is Cannon’s worst distortion of the law (in a long line of bad opinions). She ignored the plain text of statutes like 28 USC 533 that authorize Smith’s appointment. Last time, the conservative 11th Circuit smacked her down & they may do so again here." - Norm Eisen

    "She also admits that the Attorney General has statutory authority to appoint employees to do the job, but ignores that a Special Counsel even if initially hired from outside the Department of Justice, then is a confidential "employee" of the Department-- she wrongly only looks at the Special Counsel status BEFORE appointment which is just plain wrong." - Andrew Weissmann



  15. by HatetheSwamp on July 15, 2024 2:58 pm

    Donna,

    pb said that he expects this decision to be reversed by the 11th Circuit.

    You can, of course, quote ideologues who thought that Trump could be kept off the ballot by unelected state bureaucrats using the 14th Amendment... as po did, or who thought that the Supreme Court wouldn't even take up the Immunity Case, let alone split the baby, as did po. There's lots of opinions out there.

    I don't know nuthin about nuthin. But,...

    What pb's hearing is that Cannon wrote her opinion, cognizant of Supreme Court reasoning in recent cases. This will be settled by the Supreme Court... and Cannon has that in mind.

    We'll see.


  16. by Donna on July 15, 2024 3:08 pm

    Right, that's exactly what she did. This is a Supreme Court that overturned a 49-year old Suoreme Court ruling, So all bets are off.


  17. by HatetheSwamp on July 15, 2024 4:12 pm

    Donna,

    Check out pb's Legal Goobers 2 and 3. These guys have gotten everything right in this political season.

    They point out how Judge Cannon can be upheld. If you care about justice under our Constitution, behold...

    View Video


  18. by Donna on July 15, 2024 4:27 pm

    I don't have to read that to know she can. Everything Hitler did was legal, too. The right-wing justices are in the tank for Trump. They were selected for that reason. It's a judicial coup.


  19. by HatetheSwamp on July 15, 2024 5:26 pm

    Everything Hitler did was legal, too.

    Oy freakin friggin EFFINvey, Donna, I'd expect that comment from po.

    Whether ole pb likes it or not, it's beginning to appear that Trump is going to win in a landslide.

    You don't seem to care about our constitutional republic anymore than po. Go for it!


  20. by Ponderer on July 16, 2024 2:18 am

    "This issue is that Smith was a private citizen at the time he was "appointed" which is illegal because for federal cases the Special Counsel has to be an active federal Attorney." -olde dude


    od, do you know if this is the only time that an appointed special prosecutor hasn't been an active federal attorney?




  21. by HatetheSwamp on July 16, 2024 3:20 am

    po,

    Robert Hur was no longer a US Attorney. He was in private practice.


  22. by oldedude on July 16, 2024 5:54 am
    He was also approved by congress. Again. you need to read the WHOLE requirement.


  23. by Donna on July 16, 2024 7:40 am
    Hur resigned in Feb 2021. Garland hired him 2 years later for the Hunter Biden case. Would he need to be re-approved by Congress?


  24. by Ponderer on July 16, 2024 7:50 am

    Still seeking an answer to my question....

    So then... this Robert Hur is the only other special prosecutor to serve who wasn't an active federal attourney? Or have there been others?


  25. by HatetheSwamp on July 16, 2024 8:22 am

    po,

    As you've been pointing out for many years, you're smarter than ole pb.

    Break down your point. Clearly, it's over my head.


  26. by Ponderer on July 16, 2024 8:24 am

    od, do you know if Robert Hur is the only example of a time that an appointed special prosecutor hasn't been an active federal attorney?


  27. by oldedude on July 16, 2024 2:49 pm
    Naw, I don't watch them that much. Special prosecutors to me are a political ploy. I think they initially had a good "reason" to do them, but to keep people out of political games is simply an epic failure (beginning with b clinton). It always seems to be the friend of a friend of a friend... (on both sides).


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