Justice Thomas raised crucial question about legitimacy of special counsel's prosecution of Trump

[SimplyMe]

Biden has immunity. He can appoint whoever he wants.

DJT asked for it; he got it.

To be clear, it has less to do with thinking their argument will ultimately prevail and more to do with ensuring any actual trial, or even showing the evidence in court, is delayed until after the election -- preferably to a time when Trump is again President and can have his DOJ shut down the prosecution.

 

[essentialsaltes]

An Easter egg for Judge Cannon.
It's so blatantly obvious what Thoms is up to.....

Trump’s classified documents case dismissed by Judge Aileen Cannon on Grounds Jack Smith was Improperly Appointed Special Counselor​

Other courts have rejected similar arguments to the one that he made in Florida about the legality of Smith’s appointment.

The legal theory that Smith was illegally appointed and funded has generally been considered far-fetched. Trump’s legal team didn’t adopt the argument in court until conservative legal groups pushed it.

But the legal argument gained more steam earlier this month after Supreme Court Justice Clarence Thomas wrote in the presidential immunity case that the special counsel’s office needs to be established by Congress and that Smith needed to be confirmed by the Senate.

Thomas urged lower courts to explore this issue.

[Legal beagles: if this is overturned, would Cannon still preside over the case?]

 

[Pommer]

[Legal beagles: if this is overturned, would Cannon still preside over the case?]

If this is overturned, I doubt she’d still be a judge.

 

[SimplyMe]

If this is overturned, I doubt she’d still be a judge.

I'm pretty sure that she'll still be a judge. The only way, aside from her quitting, would be impeachment -- and Republicans in Congress won't agree to impeach her (they won't get the 2/3rds needed for impeachment).

The real question is, if the Supreme Court rejects this ruling, will the DoJ be prosecuting the case still (if Trump wins)? You have to guess, Jack Smith will be "fired" and his cases dismissed, as one of the first acts of a new Trump administration.

 

[rambot]

Justice Thomas prefers the LAW. A preference for the Law is not a technicality.

I think it's really important that we all remember that when it comes to "law" we are talking about "interpretation of thr law".

There is no ultimate truth, it is how a judge interprets it. So Thomas, in THIS case prefers ruling by technicality.

 

[rambot]

This represents a conundrum for the military. For a soldier, an illegal order is an order to do something illegal. But if the president's orders can never be illegal, then nothing the soldier does by those orders is illegal.

Ultimately, it would prove the defendants at Nuremberg actually did have a positive defdefense

It doesn't really work against the idea that Republicans behave like fascists...or nazis...technically.

 

[Arcangl86]

Trump’s classified documents case dismissed by Judge Aileen Cannon on Grounds Jack Smith was Improperly Appointed Special Counselor​

Other courts have rejected similar arguments to the one that he made in Florida about the legality of Smith’s appointment.

The legal theory that Smith was illegally appointed and funded has generally been considered far-fetched. Trump’s legal team didn’t adopt the argument in court until conservative legal groups pushed it.

But the legal argument gained more steam earlier this month after Supreme Court Justice Clarence Thomas wrote in the presidential immunity case that the special counsel’s office needs to be established by Congress and that Smith needed to be confirmed by the Senate.

Thomas urged lower courts to explore this issue.

[Legal beagles: if this is overturned, would Cannon still preside over the case?]

There is nothing to overturn. The case was dismissed, which means it's over. It would need to be refilled, and there probably isn't going to be enough time to do that.

 

[RocksInMyHead]

There is nothing to overturn. The case was dismissed, which means it's over. It would need to be refilled, and there probably isn't going to be enough time to do that.

They can definitely appeal the dismissal.

 

[BPPLEE]

They can definitely appeal the dismissal.

Yes Smith can appeal. But it will likely be after the election before it’s taken up

 

[Hans Blaster]

Yes Smith can appeal. But it will likely be after the election before it’s taken up

Why would the 11th circuit wait that long?

 

[BPPLEE]

Why would the 11th circuit wait that long?

You think they will have wrapped it up by then?

 

[Malleeboy]

Once Trump is President, the case becomes moot, even if it was to continue, as it is a federal crime, he could just pardon himself.

 

[RocksInMyHead]

You think they will have wrapped it up by then?

They probably could. Judicial precedent is pretty clear on the issue, despite Judge Cannon's assertion that it is "irrelevant". The only question is whether they will leave the door open for further appeal to the Supreme Court. If it goes to the SC, then yes, it's unlikely the issue will be wrapped up before the election.