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Judge #AileenCannon’s surprising dismissal of #Trump’s #criminal case in #Florida could jeopardize not just future special counsels but ANY federal prosecutor or senior ofcl serving in a temporary position.
#DOJ ofcls & #legal experts share that concern.
#law #NationalSecurity
https://www.washingtonpost.com/national-security/2024/08/26/trump-cannon-special-counsel-ruling/
#AileenCannon ruled last month that #SpecialCounsel #JackSmith was unlawfully appointed because he was not confirmed for his position by the #Senate, tossing the 40-count #indictment against #Trump for allegedly keeping #ClassifiedDocuments & materials after leaving the WH & #obstruction of govt efforts to retrieve them. Smith & his team are finalizing their #appeal of that decision to the US Court of Appeals for the #11thCircuit, which is due Tues.
#law #NationalSecurity #criminal #legal
#Legal experts say #AileenCannon’s ruling could be used as ammunition for defense lawyers to challenge #indictments or directives from ANY interim ofcl who is not confirmed by #Congress, including acting US #attorneys or senior #DOJ ofcls.…
Cannon’s ruling rejected DECADES of findings by other courts that approved the appointments of special counsels, or similar types of semi-independent prosecutors.
#SpecialCounsel #JackSmith has filed an appeal to Judge #AileenCannon’s dismissal of #Trump’s #ClassifiedDocuments #criminal case.
https://storage.courtlistener.com/recap/gov.uscourts.ca11.87822/gov.uscourts.ca11.87822.18.0_1.pdf
#SpecialCounsel #JackSmith urges appeals court to reinstate #ClassifiedDocuments case against #Trump
US District Judge #AileenCannon threw out the case…after concluding that Smith's appointment…was unconstitutional.
Smith's team appealed to Atlanta-based #11thCircuit Court of Appeals, w/prosecutors saying in their #appeal that Cannon's decision is “at odds with widespread & longstanding appointment practices in the Department of Justice & across the government.”
#law
https://apnews.com/article/trump-maralago-classified-documents-411e8e3b4d31923560effdd0d2082af4
Surely that makes it all the more likely that the appeals court will dismiss it?
@Nonilex people argue (in the replies and elsewhere) that Cannon's ruling will cause actions from sane lawyers to restore normality, maybe to censure her. And in the meantime maybe some stop-gap legislation to patch things up.
But the real movement appears to be on the otherside; Cannon and her friends would be happy to see all special councils and indeed all government appointed officials to become powerless. And anything that requires legislation would be much easier to block by politicians.
I haven't read her smoke and mirrors ruling, but, even if Smith is removed, the charges could, I think, just be given to a regular federal prosecutor.
Absolutely. From what little I've read on this, it seems her ruling is bat$hit crazy.
I was just pointing out that the charges wouldn't be precluded by double jeopardy.
@Jeramee @Nonilex
Yeah, which also just goes to show how utterly inept she is since instead of giving Trump a present on the first day of the Republican convention like she did she could have waited until a jury had gotten sworn in and then thrown the case out which would have protected Trump do to double jeopardy.