marc
Veteran Member
Can this be overturned by a higher court, that also has the power to remove her from the case entirely? I'll be watching LegalEagle youtube channel since he covers a lot of this.
Obviously hoping that if Trump wins she will be overturned, and if not, then not.Judge Cannon has got to be the worst judge ever to make the Federal bench. And I must warn you, I have no idea what I'm talking about.
Regardless, after she got humiliated by the Appellate Court, one would think she'd shy away from grandiose rulings. Is she even able to make this ruling? It isn't as if this is some Ken Starr investigation that after 36 months they found Trump had a document in his possession illegally.
If SCOTUS allows this to stand, it might be time to leave.
What I don't get is that SCOTUS kind of gave the Exec Branch a Star Power powerup. And now she rules they don't have power.article said:In a ruling Monday, Cannon said the appointment of special counsel Jack Smith violated the Constitution.
“In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny,” Cannon wrote.
Surely this should provide the circuit court cause to dismiss her as the judge. Alternately, she has basically ended the case, so the charges can be brought again with a different judge.
Maybe you'll live long enough, if you're like, 12.It will take the DoJ a while to figure out how to react. Garland is known for being slow and cautious about everything he does. I hope I live long enough to see justice done in this case.
Has congress at some time vested this power to the president? I would think so given all the special counsels we've had in the past.Here comes the Constitution said:He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
E.g. that young Crooks fellow.Not everyone has someone to remind them to check themselves before they go down a rabbit hole or waste their personal power
Some day, IF Biden wins. Maybe.Surely this should provide the circuit court cause to dismiss her as the judge. Alternately, she has basically ended the case, so the charges can be brought again with a different judge.
I gave up on the documents case a long time ago. We knew that Cannon was an incompetent ideologue and we know there's no bottom to what right wing authoritarian followers are willing to do in order to usurp power over our country.
As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts The January 6th Hoax in Washington, D.C., the Manhattan D.A.'s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia "Perfect" Phone Call charges. The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden's Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!
"In Trump's immunity ruling, Justice Thomas all but invited Judge Cannon to find Jack Smith was unconstitutionally appointed as special counsel," MSNBC's Adam Klasfeld commented. "Cannon noticed."
The special counsel's team can appeal the ruling to the 11th Circuit and ask for a new judge, but the process will further delay a case that was already unlikely to go to trial before November.
If he succeeds, he ought to insist on a non-Trumpie judge.A spokesman for Smith said the Department of Justice later Monday had authorized the special counsel to appeal Cannon’s decision tossing the case to the 11th Circuit U.S. Court of Appeals.
“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,” said Smith’s spokesman Peter Carr.
More in the link.My initial reaction after reading the salient portion of the opinion was to call it “goofy,” which was about as inoffensive a characterization as I could muster. There was a question raised at the inception of the Trump classified documents case whether Special Counsel Jack Smith knew what he was doing when he made the call to prosecute the case in the Southern District of Florida, West Palm Beach Division, where the only judge sitting in the courthouse was Aileen Cannon, the same Trump appointee who had already disgraced herself by collaterally staying the review of evidence seized by the search warrant, which was not a “thing.”
I tried. Oh lord, I tried to give Judge Cannon the benefit of the doubt. Maybe she was just inexperienced. Maybe she just wasn’t all that bright. Maybe she was trying to be as meticulous as possible after the Eleventh Circuit ripped her a new one for her monumentally bizarre ruling in the search warrant proceeding. Or maybe her bench was the quid to Trump’s quo.
Judge Cannon dismissed the classified document prosecution on the basis that the special counsel appointment and funding was unconstitutional. No less a trusted authority on matters legal than Matt Gaetz summed up the rationale in a single sentence.
Supreme Court chief justice John Roberts was instrumental in creating special counsel regulations that were struck down by Judge Aileen Cannon in the classified documents case, a legal scholar has said.
Cannon, a Trump appointee, found the appointment of Jack Smith as special counsel to oversee Trump's federal trials unconstitutional.
Department of Justice regulations allow for the appointment of special counsels in cases where the U.S Attorney General believes that they themselves may have a conflict of interest and need an independent attorney to lead a prosecution.
Notice of appeal - DocumentCloudThe special counsel team filed a notice of appeal, the initial procedural mechanism that sets the appeal in motion, on Wednesday, just two days after US District Judge Aileen Cannon dismissed the prosecution and well ahead of the 30-day deadline the prosecutors faced for bringing the appeal.
This means the shock ruling would be reviewed by judges from the 11th US Circuit Court of Appeals based in Atlanta.
The two-page filing from Smith’s team did not indicate whether the prosecutors will seek to speed up the appeals process.
NOTICE OF APPEAL
The United States of America hereby gives notice that it appeals to the United States Court of Appeals for the Eleventh Circuit from the order of the District Court entered on July 15, 2024, Docket Entry 672.
Respectfully submitted,
JACK SMITH
Special Counsel
N.Y. Bar No. 2678084