In a move that is almost staggering for it’s implications for national security, the rule of law and Presidential power, Florida District Judge Aileen Cannon outright dismissed the entirety of the Trump Classified Documents espionage case, opining, in blatant contradiction of 60 years of precedent that only Congress has Constitutional approval to appoint a special counsel or prosecutor.
I guess Nixon fired his Attorneys General unnecessary then…
“The federal judge overseeing the classified documents charges against former president Donald Trump has dismissed the indictment on the grounds that special counsel Jack Smith was improperly appointed, according to a court filing Monday.
U.S. District Judge Aileen M. Cannon’s ruling is a remarkable win for Trump, whose lawyers have thrown longshot argument after longshot argument to dismiss the case. Other courts have rejected similar arguments to the one that he made in Florida about the legality of Smith’s appointment…
“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action 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,” Cannon concluded in her 93-page order.
The legal theory that Smith was illegally appointed and funded has generally been considered far-fetched. Trump’s legal team didn’t adopt the argument in court until conservative legal groups pushed it.
The former president’s lawyers did not make a similar request to dismiss Trump’s federal election interference case in D.C. — even though Attorney General Merrick Garland appointed Smith to oversee that case in the same way as the Florida case.“
So, Cannon endorsed a legal argument so far fetched that even Trump’s Crackerjack Box legal team would not broach it as a defense.
Congress, no doubt, has an oversight roll in correcting excesses by the Executive branch, but it cannot have the only one, as long as political parties control the actions of the institution, there will be the possibility of political considerations outweighing the administration of justice.
And while particularly Republican Presidents have tried to obliterate the traditional independence of their own Justice Departments, we need to at least TRY to hold on to that as a baseline and as a fall back contingency – should partisan politics corrupt processes elsewhere.
Cannon’s decision today destroys that possibility.
What some others said:
If we lived in a democracy, Clarence Thomas would be the only Republican on the Supreme Court & Judge Cannon wouldn't be a judge because …
in a democracy the candidate with the most votes wins.
That's why no other democracy in the world copied our Electoral College.
— Lawrence O'Donnell (@Lawrence) July 15, 2024
Understand what Judge Cannon did. She saw the non-stop media coverage of the shooting, used that distraction to overturn decades of legal precedent without citing a single case in her ruling's favor, & dismissed Trump's classified documents case.
This is how republics collapse.
— Qasim Rashid, Esq. (@QasimRashid) July 15, 2024
Just to be crystal clear: SCOTUS has upheld special counsels repeatedly. Cannon is a district court judge, her job is to apply controlling precedent. She’s doing this because she thinks the MAGA court is on the same page as her and Trump’s lawyers and will go along.
— Chris Hayes (@chrislhayes) July 15, 2024
Judge Cannon just submitted what is in effect her job application to be the first appointee to the Supreme Court in Trump’s possible second term when Justice Alito or Justice Thomas retires.
— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) July 15, 2024
We are entering a dangerous time for our democracy, no matter how the Presidential race plays out.
The idea that Judges on any level can just willy-nilly ignore precedent and issue rulings that conform only to their own political views is nearly as dangerous, if not more so, that an out of control executive branch.
Cannon must be relieved of this case and admonished by the court of appeals.
And why doesn’t this surprise me? It’s what she has been angling for the entire time.
Not surprised. Just tired. 45 has sucked the energy out of the effing universe. This is mild compared to what the Christian Funny Mentals are going to do with him “surviving” being shot at – especially in the head and he didn’t die. He’s already milking it. Let’s see what Jack Smith does on this one. 45 can commit espionage and get away with it. So damned tired.
How did we ever get to this point? Everybody commented on where Cannon was going with this and Smith did nothing. Now we have a situation that muddies the situation even more. And the DOJ just sits there….thanks Merrick Garland.
Is there any way for the appellate court that oversees this dumb tw*t to wade into the morass of fecal matter this idiot broad created and get this trial back to A) still being a trial/case and B) if there is a way, getting the fuck rid of this absolutely incompetent dummy?
It is way past time for President Biden to use the absolute presidential immunity given to him by the s.c. to clean up this nation. Put the corrupt judges/pols and instigators of violence into prison where they fucking belong. I for one, and I am far from alone in this, am sick and fucking tired of these moronic con xtians thumbing their noses at the law, the constitution, hell even the social norms that exist in any and every functioning society.
This is a fucking outrage. I am so fucking happy that piece of shit von shitzinpants got some of the consequences he has been begging for with his calls for violence; he sure as shit isn’t going to pay for his crimes in a courtroom.
President Biden–take your s.c. given immunity and clean up our country.
He needs to use his immunity to fire her at the very least. Something must be done! We are a banana republic without the banana republicans running the country…yet. But Saturday was maga Easter when orange jeebus came back from the dead. He will win in a landslide because everyone will be in fear of his retribution of the press, Democratic voters, and sane people throughout the country. Unit is over
Canceling a huge work plan of investigations, finding a known and convicted criminal the door open for relief from ANY responsibility in this gross injustice to our security and future fails guaranteed, because of some wanna-be freaking clown in an office that is married to Trump’s huge ass …
Trump has already proved himself un-qualified to be president AGAIN …
His demonstration of the worst actions he could do at a time when HE and other’s lives were in mortal danger, absolutely demonstrate his total lack of caring for ANY citizens of these United States, other then himself … He really cannot help himself, his Narcissism has complete control of anything he does … Continuous lies, Continuous outrageous calls against the character of other people who are much smarter than him, they know stuff, so they are a threat to his lack of REAL intelligence, his character consists of using claims, (false), about just anything he does not understand, and against people he does not like or pose a danger to his hidden stupidity being revealed on a world-wide stage …
YEP. Trump has proven his worthless value in the WH, spending OUR money to fly the most expensive distances, per presidential jets and Marine helicopters and their crews, to play cheating games of golf, at his own golf centers, charging high rates for less than high quality lodging to the SS crews, his absence from meetings and normal daily functions at the WH were caused by his abuse of executive times, his games of golf were more important than keeping our country safe and secure … These daily trips cost us millions every time he went out …
Somebody with this lack of responsibility as well as being victim of a brain which is devoid of any more than a 3-year old’s intelligence, should make us ALL afraid of his possible re-election … WE all care, Trump doesn’t know how …
Vote for dependable security, not the depended shitzenpants !! …
Has he even mention the person who dies or the people who were critically injured? No? Why am I not surprised?
When are they going to replace EQUAL JUSTICE UNDER LAW on the Supreme Court building with Trump Tower Two? Never leave an important act to a clueless 20 year old. OK Jack…the ball’s in your court…you and the boy who made good all the way to ATTORNEY GENERAL!!! The temple must be proud!
There is no doubt Judge Cannon can, via her rulings be shown to have a clear bias and ignored law and precedent to make rulings favorable to Trump. Even a conservative appellate court slapped her down twice for incorrect rulings. Everyone but MAGAs (including the MAGA in Chief) groaned when this criminal case was “randomly” assigned to Cannon. (Yes, I know the process that’s used but if someone wanted to they could screw with the software in the random generator) She has displayed a combination of judicial incompetence and clearly biased rulings, and again I note she’s ignored case law/precedent while doing so at times.
For all that, even though arguably Jack Smith had grounds for appeal the plain fact is that judges have enormous discretion in how to run the cases they’re hearing. It would take something really “out there” to make it worth the gamble even with a Circuit who clearly was embarrassed their fellow Federalist Society judge was off the reservation. It was calling the kind of attention to their facsist group none of them from founder Leonard Leo on down have wanted. The judicial beat downs they gave her over the whole Special Master fiasco didn’t do any good. Cannon it seems doesn’t give a f**k what they think.
However, NOW she might have to. Smith has clear grounds to appeal and in fact no choice. Her Circuit Court has grounds not to just slap her down (again) but order her replacement by a different judge. Cannon has already strung out a case that should have had a verdict early this year past the point where it can be tried before the election so that won’t factor in.
This could have unforeseen consequences and some could be very bad for Trump.
Smith must appeal. Just read on emptywheel… some major evidence goes “away” or must restart from … November 2022. Again, let 11th do their job. And then more nonsense (?)…
Can he not send itt to DC? Get it the Fock out of Florida totally. And can someone remove her due to gross incompetence and lack of adherence to the law? Anyone? Please?
I sincerely hope this is going to be appealed, and that Loose Cannon sees repercussions for her obvious bias and disrespect for the law. She should be impeached.
She just guaranteed herself the next Supreme Court vacancy as hers. Wow. Im appalled and sickened. Supreme Court will uphold it if jack smith contests it. Can’t he bring this in DC now???
Why can’t I stop being shocked at how low they go? How can I stop caring?
Good. Now maybe Jack Smith can appeal the ruling and get a REAL judge to hear the case.
Yup, Justice Department will appeal. At last.
https://www.reuters.com/legal/judge-tosses-trump-documents-case-ruling-prosecutor-unlawfully-appointed-2024-07-15/
And boy have they got issues.
Not sure if that was the right URL, but this one is good:
So special counsels aren’t a thing, huh?
Hunter Biden and Bill Clinton are both now so relieved that their cases will be retroactively dismissed.
Oh wait, I forgot, this is one of those IOKIYAR cases isn’t it? It Only Counts If You Are A Republican.
You know who you remind me of, Judge? This guy. Something about the expression …
https://www.ebay.ph/itm/362954830786