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By Sam Dorman
|
July 15, 2024
Updated:
July 16, 2024
U.S. District Judge Aileen Cannon dismissed the Justice Department’s classified documents case against former President Donald Trump on July 15, ruling that special counsel Jack Smith’s appointment violated two key provisions of the U.S. Constitution.
In a 93-page ruling, Judge Cannon wrote that Mr. Smith’s prosecution of the former president “breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law.”
The ruling raises questions about the Justice Department’s use of special counsels.
Peter Carr, a spokesman for Mr. Smith, said the Justice Department had authorized an appeal.
“The 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,” Mr. Carr said in a statement provided to The Epoch Times.
Here are some key takeaways on the ruling and its implications.
Special Counsels and the Appointments Clause
Judge Cannon ruled that Mr. Smith’s position was unconstitutional under the appointments clause of the Constitution, which states that Congress can, through law, allow department heads to appoint “inferior” officers.
The judge ruled that Mr. Smith was an inferior officer, which requires Congress to authorize the attorney general to appoint him as special counsel, which didn’t happen.
Her ruling pointed to how Congress let the Independent Counsel Act, which allowed the Justice Department to appoint special prosecutors, to expire in 1999. While Mr. Smith pointed to other laws to justify his appointment, Judge Cannon rejected those arguments.
[....]
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
originally posted by: Justoneman
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
I am hearing those docs had the Obama approval of killing Americans overseas in the ME, and the proof of the Clintons crimes. Trump wants them revealed to the public. We all should if we want to sort out why we need to hang some of these people and move past this.
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
originally posted by: xuenchen
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
Did they do that with all the thousands of illegally obtained and illegally retained classified documents found in Biden's multiple unsecure locations? 🤣🤣
originally posted by: quintessentone
originally posted by: Justoneman
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
I am hearing those docs had the Obama approval of killing Americans overseas in the ME, and the proof of the Clintons crimes. Trump wants them revealed to the public. We all should if we want to sort out why we need to hang some of these people and move past this.
Hearsay? What do they say about hearsay?
originally posted by: quintessentone
originally posted by: xuenchen
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
Did they do that with all the thousands of illegally obtained and illegally retained classified documents found in Biden's multiple unsecure locations? 🤣🤣
I don't know, do you know? I doubt anyone really knows what they are talking about with this issue.
originally posted by: RazorV66
originally posted by: quintessentone
originally posted by: xuenchen
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
Did they do that with all the thousands of illegally obtained and illegally retained classified documents found in Biden's multiple unsecure locations? 🤣🤣
I don't know, do you know? I doubt anyone really knows what they are talking about with this issue.
Well what we do know is that Special Prosecutor Hur deemed Biden too old and frail to be prosecuted for his classified document crimes.
Are you disputing that part of it?
originally posted by: quintessentone
originally posted by: RazorV66
originally posted by: quintessentone
originally posted by: xuenchen
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
Did they do that with all the thousands of illegally obtained and illegally retained classified documents found in Biden's multiple unsecure locations? 🤣🤣
I don't know, do you know? I doubt anyone really knows what they are talking about with this issue.
Well what we do know is that Special Prosecutor Hur deemed Biden too old and frail to be prosecuted for his classified document crimes.
Are you disputing that part of it?
Provide the court transcript so we can all read the facts, hmm?
More at: www.cnn.com...
CNN — Special counsel Jack Smith is arguing to revive his office’s classified documents case against Donald Trump with a vigorous defense of its authority in the first formal filing since Judge Aileen Cannon dismissed the criminal case last month.
In a brief filed with the 11th US Circuit Court of Appeals in Atlanta on Monday, Smith argues that Cannon’s decision to end the Trump case because the prosecutors’ office lacked constitutional authority was “novel” and “lack[ed] merit.”
Cannon had ruled the Justice Department didn’t have the ability to appoint or fund special counsels like Smith.
originally posted by: Justoneman
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
I am hearing those docs had the Obama approval of killing Americans overseas in the ME, and the proof of the Clintons crimes. Trump wants them revealed to the public. We all should if we want to sort out why we need to hang some of these people and move past this.
originally posted by: quintessentone
originally posted by: RazorV66
originally posted by: quintessentone
originally posted by: xuenchen
originally posted by: quintessentone
a reply to: 727Sky
I just hope they tracked all those 'classified'(?) documents and put in place safety protocols to protect people, which I believe would have been the wisest course of action. So, sure let him have his documents and do with them as he will.
Did they do that with all the thousands of illegally obtained and illegally retained classified documents found in Biden's multiple unsecure locations? 🤣🤣
I don't know, do you know? I doubt anyone really knows what they are talking about with this issue.
Well what we do know is that Special Prosecutor Hur deemed Biden too old and frail to be prosecuted for his classified document crimes.
Are you disputing that part of it?
Provide the court transcript so we can all read the facts, hmm?
originally posted by: WeMustCare
August 26, 2024
Special Counsel Jack Smith has calmed down enough to ask that the "Trump documents case" be resuscitated..
More at: www.cnn.com...
CNN — Special counsel Jack Smith is arguing to revive his office’s classified documents case against Donald Trump with a vigorous defense of its authority in the first formal filing since Judge Aileen Cannon dismissed the criminal case last month.
In a brief filed with the 11th US Circuit Court of Appeals in Atlanta on Monday, Smith argues that Cannon’s decision to end the Trump case because the prosecutors’ office lacked constitutional authority was “novel” and “lack[ed] merit.”
Cannon had ruled the Justice Department didn’t have the ability to appoint or fund special counsels like Smith.
Congress should just cut off Smith's funding. In addition to wasting our money, he keeps raising Democrat's hopes, when there's only a slim chance of success.
That's cruel. 😁
More at: nypost.com...
Special counsel Jack Smith asked a federal appellate court on Wednesday to halt his appeal in President-elect Donald Trump’s classified documents case, citing the results of the 2024 election.
“As a result of the election held on November 5, 2024, one of the defendants in this case, Donald J. Trump, is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” Smith wrote to the Atlanta-based 11th US Circuit Court of Appeals.