Judge Dismisses Classified Documents Case Against Trump

[Servus]

Judge Aileen Cannon ruled that the entire case should be thrown out because the appointment of the special counsel who brought the case, Jack Smith, had violated the Constitution. Her decision is sure to be appealed.

A major legal threat against Trump is dismissed. Here’s the latest.​

A federal judge dismissed in its entirety the classified documents case against former President Donald J. Trump on Monday, ruling that the appointment of the special counsel, Jack Smith, had violated the Constitution.

In a stunning ruling, the judge, Aileen M. Cannon, found that because Mr. Smith had not been named to the post of special counsel by the president or confirmed by the Senate, his appointment was in violation of the appointments clause of the Constitution.

Judge Dismisses Classified Documents Case Against Trump

Judge Aileen Cannon ruled that the entire case should be thrown out because the appointment of the special counsel who brought the case, Jack Smith, had violated the Constitution. He indicated he planned to appeal.

www.nytimes.com

 

[ranunculus]

Trump just can't stop winning as of late. First he wins the debate, then he's dodging bullets like he's Neo, now he got this case which was looking pretty bad for him dismissed... Everything's coming up Trump.

I hope this gives him clear vision to make his way back to the white house so he can settle some scores AND more importantly, find the real killers of Ron and Nicole. Wait... I think I got Trump mixed up with OJ. I don't know how that happened.

 

[Arcangl86]

Honestly, as soon as this case went to Judge Cannon, I'm pretty sure nobody expected it to go to trial.

 

[xser88]

Chuck Schumer:
“This breathtakingly misguided ruling flies in the face of long-accepted practice and repetitive judicial precedence,”

“It is wrong on the law and must be appealed immediately. This is further evidence that Judge Cannon cannot handle this case impartially and must be reassigned.”

Laurence Tribe, University professor and professor of constitutional law at Harvard Law School.
“Judge Cannon did the unthinkable. Her decision is unprecedented and extreme, and very likely to be reversed on appeal,”

Tribe said he expected any Smith appeal to include a request for Cannon to be removed from the case, but added she might already be looking at a different appointment.

“Her position, among other things, the fact that she took so long to decide this issue even though it was before her four months, indicates that it’s calculated simply to serve as a kind of dress rehearsal, or job application when Justice [Samuel] Alito or Justice Thomas decided to retire from the supreme court,”

“She clearly is auditioning to be the first appointment of a new Trump administration. It doesn’t speak well for her as a neutral jurist, but the ruling doesn’t exactly surprise me because she has slow-walked this case to death from the start.”

 

[essentialsaltes]

It's certainly not for her judicial philosophy and temperament, but if Trump wins, she has a lock on "What have you done for me?"

 

[Servus]

More good news for Trump.

Elon Musk plans to give $45 million a month to pro-Trump super PAC, WSJ reports​

Elon Musk has reportedly said he is planning to pledge about $45 million a month to a newly formed super PAC backing former President Donald Trump.

Musk had yet to donate to that group, called America PAC, as of the end of June, according to its latest quarterly financial filing.

The super PAC has received contributions from other high-profile entrepreneurs, including Palantir co-founder Joe Lonsdale and crypto billionaires Cameron and Tyler Winklevoss, the filing showed.

 

[essentialsaltes]

More good news for Trump.

Elon Musk plans to give $45 million a month to pro-Trump super PAC, WSJ reports​

 

[Brihaha]

Partisan courts is really nothing for Americans to cheer. It's really not.

 

[Ana the Ist]

Chuck Schumer:
“This breathtakingly misguided ruling flies in the face of long-accepted practice and repetitive judicial precedence,”

“It is wrong on the law and must be appealed immediately. This is further evidence that Judge Cannon cannot handle this case impartially and must be reassigned.”

Laurence Tribe, University professor and professor of constitutional law at Harvard Law School.
“Judge Cannon did the unthinkable. Her decision is unprecedented and extreme, and very likely to be reversed on appeal,”

Tribe said he expected any Smith appeal to include a request for Cannon to be removed from the case, but added she might already be looking at a different appointment.

“Her position, among other things, the fact that she took so long to decide this issue even though it was before her four months, indicates that it’s calculated simply to serve as a kind of dress rehearsal, or job application when Justice [Samuel] Alito or Justice Thomas decided to retire from the supreme court,”

“She clearly is auditioning to be the first appointment of a new Trump administration. It doesn’t speak well for her as a neutral jurist, but the ruling doesn’t exactly surprise me because she has slow-walked this case to death from the start.”

I mean....unthinkable?

They didn't charge Hillary....they aren't charging Biden....

And these folks weren't even presidents when they took classified documents....willfully.

It's a mess of a case, it's unclear what exactly it hoped to achieve apart from hampering his current campaign.

It's not so much unthinkable as it is entirely predictable and surprising it didn't happen sooner.

 

[Servus]

View attachment 351676

There's still a lot of major MSM outlets running the story. I can't find any retractions. So far it looks like that tweet is what's fake.

 

[Servus]

I mean....unthinkable?

They didn't charge Hillary....they aren't charging Biden....

And these folks weren't even presidents when they took classified documents....willfully.

It's a mess of a case, it's unclear what exactly it hoped to achieve apart from hampering his current campaign.

It's not so much unthinkable as it is entirely predictable and surprising it didn't happen sooner.

 

[essentialsaltes]

There's still a lot of major MSM outlets running the story. I can't find any retractions. So far it looks like that tweet is what's fake.

Well, I wouldn't put it past Musk to lie about what he's up to. But he would seem to be the authoritative source.

 

[RestoreTheJoy]

Th

Chuck Schumer:
“This breathtakingly misguided ruling flies in the face of long-accepted practice and repetitive judicial precedence,”

“It is wrong on the law and must be appealed immediately. This is further evidence that Judge Cannon cannot handle this case impartially and must be reassigned.”

Laurence Tribe, University professor and professor of constitutional law at Harvard Law School.
“Judge Cannon did the unthinkable. Her decision is unprecedented and extreme, and very likely to be reversed on appeal,”

Tribe said he expected any Smith appeal to include a request for Cannon to be removed from the case, but added she might already be looking at a different appointment.

“Her position, among other things, the fact that she took so long to decide this issue even though it was before her four months, indicates that it’s calculated simply to serve as a kind of dress rehearsal, or job application when Justice [Samuel] Alito or Justice Thomas decided to retire from the supreme court,”

“She clearly is auditioning to be the first appointment of a new Trump administration. It doesn’t speak well for her as a neutral jurist, but the ruling doesn’t exactly surprise me because she has slow-walked this case to death from the start.”

It is under appeal. Decisions aren't right or wrong because other courts found otherwise; judges are permitted to make different findings.

To politicize this and make such nasty ad hominem comments as above because it doesn't rule against Trump is ridiculous. The Appellate Court and ultimately, the Supreme Court will determine this.

 

[essentialsaltes]

As expected, Smith has appealed to the 11th Circuit.

Carr on Monday had said that Cannon’s dismissal of the case “deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel.”

The appeal is likely to end up at the U.S. Supreme Court, regardless of how the 11th Circuit appeals court rules.

 

[Arcangl86]

As expected, Smith has appealed to the 11th Circuit.

Carr on Monday had said that Cannon’s dismissal of the case “deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel.”

The appeal is likely to end up at the U.S. Supreme Court, regardless of how the 11th Circuit appeals court rules.

My suspicion, all assuming that Trump doesn't win the election, is that the case will be reinstated at the 11th (the precedent is pretty clear) and then dismissed again at SCOTUS.

 

[Pommer]

As expected, Smith has appealed to the 11th Circuit.

Carr on Monday had said that Cannon’s dismissal of the case “deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel.”

The appeal is likely to end up at the U.S. Supreme Court, regardless of how the 11th Circuit appeals court rules.

The decision would then hinge on what “inferior officers” means in the Constitution: Jack Smith had been confirmed by the Senate as a U.S. Attorney, Garland created Smith’s “inferior office” which doesn’t need Senate confirmation.
The High Court could nullify that and require that Congress spell it out in future, while giving Trump his victory?

 

[wing2000]

My suspicion, all assuming that Trump doesn't win the election, is that the court will be reinstated at the 11th (the precedent is pretty clear) and then dismissed again at SCOTUS.

I'm not sure there are 5 votes in the USSC to reinstate.

 

[Belk]

Th

It is under appeal. Decisions aren't right or wrong because other courts found otherwise; judges are permitted to make different findings.

To politicize this and make such nasty ad hominem comments as above because it doesn't rule against Trump is ridiculous. The Appellate Court and ultimately, the Supreme Court will determine this.

Depends on if it is Stare Decisis.

stare decisis

www.law.cornell.edu

 

[Arcangl86]

I'm not sure there are 5 votes in the USSC to reinstate.

I'm not sure what you mean by reinstate. But we can be pretty sure that Thomas, Alito, Gorsuch and probably Roberts will vote to uphold Cannon's decision that Smith was improperly appointed. They just need to convince on of the other conservatives to go along with it, probably Kavanaugh.

 

[Arcangl86]

Depends on if it is Stare Decisis.

stare decisis

www.law.cornell.edu

But stare decisis doesn't apply in this case due to ... reasons. In fact that's the thing that annoys me the most about this ruling. There is binding precedent on point to this exact issue in US V. Nixon, but Judge Cannon decides not to apply it because in her view it is dictum, which itself is absurd. She then proceeded to use Thomas' opinion several times to justify the decision she came to despite it not being binding due to a) being a concurrence, and b) BEING DICTUM. The hypocrisy is mindblowing,