The (many) indictments of Donald Trump

#20,026
#20,026
Excellent article on it..
amgreatness.com

Federal Judge Dismisses Jack Smith’s Classified Documents Case Against Trump › American Greatness

The federal judge overseeing the classified documents case against former President Donald Trump and his two codefendants has dismissed the charges against them, ruling that the appointment and…
amgreatness.com amgreatness.com

The federal judge overseeing the classified documents case against former President Donald Trump and his two codefendants has dismissed the charges against them, ruling that the appointment and funding of Special Counsel Jack Smith's prosecution was in violation of the Appointments Clause of the Constitution.

"The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers," wrote U.S. District Judge Aileen Cannon in her 93-page order. "The Special Counsel's position effectively usurps that important legislative authority, transferring it to a head of Department, and in the process threatening the structural liberty inherent in the separation of powers."

The judge wrote that if the political branches want to grant the attorney general power to appoint Smith to investigate and prosecute Trump, with the powers of a U.S. attorney, there is a valid means to do so: he can be appointed and confirmed through the means laid out in the Appointments Clause, or Congress can authorize his appointment through legislation consistent with the Constitution.

Cannon also wrote in her ruling that the dismissal only applies to the classified documents case and not Smith's January 6 case against Trump, which is out of her jurisdiction.
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#20,032
#20,032
Ok so 28 USC Section 533 says “the attorney general may appoint officials to detect and prosecute crimes against the United States… and to conduct such other investigations regarding official matters under the control of the department of Justice and the department of state, as may be directed by the attorney general.”

28 USC 515(b)
“Each attorney specially retained under authority of the department of Justice shall be commissioned as special assistant to the attorney general or special attorney and shall take the oath required by law.”

US v. Nixon
“Under the authority of Art. II, § 2, Congress has vested in the Attorney General the power to conduct the criminal litigation of the United States Government. 28 U.S.C. § 516. It has also vested in him the power to appoint subordinate officers to assist him in the discharge of his duties. 28 U.S.C. §§ 509, 510, 515, 533. Acting pursuant to those statutes, the Attorney General has delegated the authority to represent the United States in these particular matters to a Special Prosecutor with unique authority and tenure.”
(Emphasis mine).

Pretty tough to see Cannon getting upheld on appeal when she’s contradicting the clear statutory language and pretty explicit Supreme Court language. There were also other circuit courts that had relied on that language and she declared those unpersuasive.

SCOTUS won’t see it before June but it will be interesting to see whether this comes back to bite Trump in the ass in October.

Cc: @BowlBrother85 for next time somebody asks your basis for saying it’s weak.

I still don’t think it’s as weak as the special master ruling. Congress does not currently have an explicit special counsel law. The Supreme Court has added more teeth to their separation of powers jurisprudence since Nixon. Still don’t think the case is going anywhere. The Trump v. U.S. ruling was essentially a supermajority requirement for prosecution for presidents. And Clarence Thomas’s concurrence supports the outcome. But, the smart money is on this getting overruled by the 11th Circuit if they reach the merits.
 
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#20,034
#20,034
RockyTop85 said:
Ok so 28 USC Section 533 says “the attorney general may appoint officials to detect and prosecute crimes against the United States… and to conduct such other investigations regarding official matters under the control of the department of Justice and the department of state, as may be directed by the attorney general.”

28 USC 515(b)
“Each attorney specially retained under authority of the department of Justice shall be commissioned as special assistant to the attorney general or special attorney and shall take the oath required by law.”

US v. Nixon
“Under the authority of Art. II, § 2, Congress has vested in the Attorney General the power to conduct the criminal litigation of the United States Government. 28 U.S.C. § 516. It has also vested in him the power to appoint subordinate officers to assist him in the discharge of his duties. 28 U.S.C. §§ 509, 510, 515, 533. Acting pursuant to those statutes, the Attorney General has delegated the authority to represent the United States in these particular matters to a Special Prosecutor with unique authority and tenure.”
(Emphasis mine).

Pretty tough to see Cannon getting upheld on appeal when she’s contradicting the clear statutory language and pretty explicit Supreme Court language. There were also other circuit courts that had relied on that language and she declared those unpersuasive.

SCOTUS won’t see it before June but it will be interesting to see whether this comes back to bite Trump in the ass in October.

Cc: @BowlBrother85 for next time somebody asks your basis for saying it’s weak.

I still don’t think it’s as weak as the special master ruling. Congress does not currently have an explicit special counsel law. The Supreme Court has added more teeth to their separation of powers jurisprudence since Nixon. Still don’t think the case is going anywhere. The Trump v. U.S. ruling was essentially a supermajority requirement for prosecution for presidents. And Clarence Thomas’s concurrence supports the outcome. But, the smart money is on this getting overruled by the 11th Circuit if they reach the merits.
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Thank you
 
#20,035
#20,035
RockyTop85 said:
Ok so 28 USC Section 533 says “the attorney general may appoint officials to detect and prosecute crimes against the United States… and to conduct such other investigations regarding official matters under the control of the department of Justice and the department of state, as may be directed by the attorney general.”

28 USC 515(b)
“Each attorney specially retained under authority of the department of Justice shall be commissioned as special assistant to the attorney general or special attorney and shall take the oath required by law.”

US v. Nixon
“Under the authority of Art. II, § 2, Congress has vested in the Attorney General the power to conduct the criminal litigation of the United States Government. 28 U.S.C. § 516. It has also vested in him the power to appoint subordinate officers to assist him in the discharge of his duties. 28 U.S.C. §§ 509, 510, 515, 533. Acting pursuant to those statutes, the Attorney General has delegated the authority to represent the United States in these particular matters to a Special Prosecutor with unique authority and tenure.”
(Emphasis mine).

Pretty tough to see Cannon getting upheld on appeal when she’s contradicting the clear statutory language and pretty explicit Supreme Court language. There were also other circuit courts that had relied on that language and she declared those unpersuasive.

SCOTUS won’t see it before June but it will be interesting to see whether this comes back to bite Trump in the ass in October.

Cc: @BowlBrother85 for next time somebody asks your basis for saying it’s weak.

I still don’t think it’s as weak as the special master ruling. Congress does not currently have an explicit special counsel law. The Supreme Court has added more teeth to their separation of powers jurisprudence since Nixon. Still don’t think the case is going anywhere. The Trump v. U.S. ruling was essentially a supermajority requirement for prosecution for presidents. And Clarence Thomas’s concurrence supports the outcome. But, the smart money is on this getting overruled by the 11th Circuit if they reach the merits.
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.... and you agree with me that Judge Aileen Cannon has been biased in Donald Trump's favor?

I still think that she has been promised a seat on the Supreme Court - if Trump wins.
 
#20,036
#20,036
RockyTop85 said:
Ok so 28 USC Section 533 says “the attorney general may appoint officials to detect and prosecute crimes against the United States… and to conduct such other investigations regarding official matters under the control of the department of Justice and the department of state, as may be directed by the attorney general.”

28 USC 515(b)
“Each attorney specially retained under authority of the department of Justice shall be commissioned as special assistant to the attorney general or special attorney and shall take the oath required by law.”

US v. Nixon
“Under the authority of Art. II, § 2, Congress has vested in the Attorney General the power to conduct the criminal litigation of the United States Government. 28 U.S.C. § 516. It has also vested in him the power to appoint subordinate officers to assist him in the discharge of his duties. 28 U.S.C. §§ 509, 510, 515, 533. Acting pursuant to those statutes, the Attorney General has delegated the authority to represent the United States in these particular matters to a Special Prosecutor with unique authority and tenure.”
(Emphasis mine).

Pretty tough to see Cannon getting upheld on appeal when she’s contradicting the clear statutory language and pretty explicit Supreme Court language. There were also other circuit courts that had relied on that language and she declared those unpersuasive.

SCOTUS won’t see it before June but it will be interesting to see whether this comes back to bite Trump in the ass in October.

Cc: @BowlBrother85 for next time somebody asks your basis for saying it’s weak.

I still don’t think it’s as weak as the special master ruling. Congress does not currently have an explicit special counsel law. The Supreme Court has added more teeth to their separation of powers jurisprudence since Nixon. Still don’t think the case is going anywhere. The Trump v. U.S. ruling was essentially a supermajority requirement for prosecution for presidents. And Clarence Thomas’s concurrence supports the outcome. But, the smart money is on this getting overruled by the 11th Circuit if they reach the merits.
Click to expand...
You've been putting in good work lately with this lawyerin talk.


Folks like me preciate it
 
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#20,037
#20,037
BowlBrother85 said:
.... and you agree with me that Judge Aileen Cannon has been biased in Donald Trump's favor?

I still think that she has been promised a seat on the Supreme Court - if Trump wins.
Click to expand...

I’d like to see what the 11th Circuit says about it, but it seems like a pretty heavy weight on that side of the scale.
 
#20,046
#20,046
jmacvols1 said:
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I am sure she did. Anybody in their right mind would do so. What is the big deal, if he did the crime. Wouldn't any opposing party have coordinated with the higher ups before proceeding. Geez just another thing to point a finger at and twist. Making more of something that is not that big of a deal. Hollering foul for the next 4 years, delaying and spinning is the name of the game. If you do not think they are not talking about timelines and approaches as to how to prosecute then you have no clue. Anything to discredit the other side and in this case it is what it is a coordinated attack against Trump. Worse thing yet is that the other side is doing the same, so get over it.
 
#20,047
#20,047
Sudden Impact said:
I am sure she did. Anybody in their right mind would do so. What is the big deal, if he did the crime. Wouldn't any opposing party have coordinated with the higher ups before proceeding. Geez just another thing to point a finger at and twist. Making more of something that is not that big of a deal. Hollering foul for the next 4 years, delaying and spinning is the name of the game. If you do not think they are not talking about timelines and approaches as to how to prosecute then you have no clue. Anything to discredit the other side and in this case it is what it is a coordinated attack against Trump. Worse thing yet is that the other side is doing the same, so get over it.
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It shows the fake, corrupt lawfare trial in Atlanta was being coordinated by Biden's WH. The only criminal in all of this was big Fani herself...and her boyfriend.
 
#20,048
#20,048
jmacvols1 said:
It shows the fake, corrupt lawfare trial in Atlanta was being coordinated by Biden's WH. The only criminal in all of this was big Fani herself...and her boyfriend.
Click to expand...

Who really cares, just drama and just contributes to the opinion that the bogey man is going to get me. So what, does not change the facts as it is what it is, guilty or not guilty.
You can rest assured that these two women talked about it. So what. Trump is what he is and the WH's involvement in it, is what it is, It is just a talking point, nothing more, nothing less and nothing else. Sorry but this is just about hollering foul.
Well maybe Willis should not have taken the WH advice/involvement because it is a total fail. Please do tell what the meeting between the two has done to this case? Just an OMG moment for some drama queens.
Watch the local news and you will see corruption every night in government local, state and national.
Seriously reread your statement, they didn't need to coordinate the attack because they could have prosecuted Trump at the Federal Level.
 
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#20,049
#20,049
RockyTop85 said:
Ok so 28 USC Section 533 says “the attorney general may appoint officials to detect and prosecute crimes against the United States… and to conduct such other investigations regarding official matters under the control of the department of Justice and the department of state, as may be directed by the attorney general.”

28 USC 515(b)
“Each attorney specially retained under authority of the department of Justice shall be commissioned as special assistant to the attorney general or special attorney and shall take the oath required by law.”

US v. Nixon
“Under the authority of Art. II, § 2, Congress has vested in the Attorney General the power to conduct the criminal litigation of the United States Government. 28 U.S.C. § 516. It has also vested in him the power to appoint subordinate officers to assist him in the discharge of his duties. 28 U.S.C. §§ 509, 510, 515, 533. Acting pursuant to those statutes, the Attorney General has delegated the authority to represent the United States in these particular matters to a Special Prosecutor with unique authority and tenure.”
(Emphasis mine).

Pretty tough to see Cannon getting upheld on appeal when she’s contradicting the clear statutory language and pretty explicit Supreme Court language. There were also other circuit courts that had relied on that language and she declared those unpersuasive.

SCOTUS won’t see it before June but it will be interesting to see whether this comes back to bite Trump in the ass in October.

Cc: @BowlBrother85 for next time somebody asks your basis for saying it’s weak.

I still don’t think it’s as weak as the special master ruling. Congress does not currently have an explicit special counsel law. The Supreme Court has added more teeth to their separation of powers jurisprudence since Nixon. Still don’t think the case is going anywhere. The Trump v. U.S. ruling was essentially a supermajority requirement for prosecution for presidents. And Clarence Thomas’s concurrence supports the outcome. But, the smart money is on this getting overruled by the 11th Circuit if they reach the merits.
Click to expand...

FWIW, David Weiss just made the same argument in the Hunter Biden case. Pp. 12-17.
 
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