Trump's Classified Docs Theft: Mar-A-Lago, FBI Subpoenas, Searches & Seizures - DOJ, Garland, GOP Madness - Spy Hard

[RTH10260]

[MN-Skeptic]

He can't appeal, he's unconstitutional.

I'm not 100% certain he even still exists, in violation of the Constitution.

Jack Smith is a Schrödinger's special counsel. He may simultaneously exist and not exist at this moment.

[Sam the Centipede]

I'm confused: do we now need to see Jack Smith's birth certificate to prove he's a Natural Born Prosecutor?

[pipistrelle]

Does he have to give his pay back, hmmm?

Odds she's going to get slapped down hard?

[Ben-Prime]

He can't appeal, he's unconstitutional.

I'm not 100% certain he even still exists, in violation of the Constitution.

I think it's like The Snap, all across the U.S. states and territories, Special Counsels are saying they don't feel so good and dissolving.

...

...

Too soon?

[RTH10260]

titled an anaysis

How Clarence Thomas helped thwart prosecution of Trump in classified documents case
Entwined in ethics scandals, the US supreme court justice has now upended two federal prosecutions of Trump

Ed Pilkington
Mon 15 Jul 2024 23.27 CEST

Clarence Thomas has struck again.

To his impressive list of recent supreme court victories – abolishing the right to an abortion, eradicating affirmative action, undermining federal regulations, and more – the ultraconservative justice can now add thwarting the criminal prosecution of Donald Trump for hoarding classified documents.

On Monday, Judge Aileen Cannon astonished the judicial world by dismissing the case. She did so based on a widely discredited legal argument that the special counsel who brought the prosecution, Jack Smith, had been improperly appointed.

The argument, initially aired by the former US president’s lawyers, had received scant support in judicial circles, given that stretching back a quarter of a century it has been repeatedly rejected by the courts. But there was one jurist who encouraged Cannon to pursue such contrarian thinking: Thomas.

Two weeks before Cannon’s stunning dismissal, Thomas essentially prodded her into making the move. In a concurring opinion to Trump v US, the US supreme court ruling awarding the former president immunity over his “official acts” in the lead-up to the January 6 insurrection, the hard-right justice sketched a legal roadmap that Cannon then duly followed.

Thomas pulled out a line from the appointments clause of the US constitution and used it to argue that the special counsel lacked authority to pursue his two federal criminal prosecutions against Trump. He claimed that in the absence of a law from Congress specifically establishing the role of special counsel, Smith’s appointment was invalid.

As reported last week, Thomas has long used his concurring opinions to signal to outside parties that he would like them to pursue his extreme legal theories. In this case, though he did not mention Cannon by name, he left little to the imagination.

He invited the “lower courts” to look into the “essential questions concerning the special counsel’s appointment before proceeding” with Smith’s prosecutions.

Cannon obediently adopted Thomas’s radical thinking, subsuming it into her 93-page judgment almost to the letter. She cites his concurring opinion in Trump v US at least three times.



https://www.theguardian.com/us-news/art ... ments-case

[RTH10260]

[bob]

The prosecutor filed a (boiler plate) notice of appeal. Off to the 11th.

[RTH10260]

Are there some more details on the dismissal available? I understand that the order is like 90 pages long.

[MN-Skeptic]

Are there some more details on the dismissal available? I understand that the order is like 90 pages long.

The 93 page order: https://www.documentcloud.org/documents ... =1&title=1

[Foggy]

Thank you, MN-Skeptic.

[RTH10260]

H/T @MN-Skeptic

[RTH10260]

according to MTN Michael Popok the 11th Circuit has accepted the notice of appeal and generated an initial calendar.

[realist]

according to MTN Michael Popok the 11th Circuit has accepted the notice of appeal and generated an initial calendar.

And even if it's expedited, and assuming they overturn Cannon, then Trump will appeal to SCOTUS who will not be in any hurry to decide it.

I stated quite some time ago that this case will not be heard before the election, if at all, and I stick by that. Would love to be wrong, but just sayin'.

[bob]

according to MTN Michael Popok the 11th Circuit has accepted the notice of appeal and generated an initial calendar.

This is routine, perhaps even automated.

It means nothing, other than the 11th has acknowledged a notice of appeal was received.

Some on the bird site believe the prosecutor "lacks standing" to appeal. The plaintiff, the United States of America, appealed.

If the defendants want to argue that the prosecutor who filed the notice lacked the authority to do so, well, good luck with that argument in the 11th.