Judge Cannon throws out the classified documents case
More good news for Trump, more bad news for the left.
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. 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. If the political branches wish to grant the Attorney General power to appoint Special Counsel Smith to investigate and prosecute this action with the full powers of a United States Attorney, there is a valid means by which to do so. He can be appointed and confirmed through the default method prescribed in the Appointments Clause, as Congress has directed for United States Attorneys throughout American history, see 28 U.S.C. § 541, or Congress can authorize his appointment through enactment of positive statutory law consistent with the Appointments Clause.
Haste makes waste, and Garland thought he could bypass the usual process. I think it would have worked just fine in DC or New York, but not in Florida.
The ruling will be appealed, of course.
Here’s what Justice Thomas wrote in the immunity case:
In this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States. But, I am not sure that any office for the Special Counsel has been “established by Law,” as the Constitution requires. Art. II, §2, cl. 2. By requiring that Congress create federal offices “by Law,” the Constitution imposes an important check against the President—he cannot create offices at his pleasure. If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a former President.
The left considers this a mere trifling detail – when they are doing the appointing, that is.
Judge Cannon has been the target of relentless criticism by the Democrats. It will now increase.
Not sure if it will be appealed? After Sun, things are different in so many many ways.
I agree with Judge Cannon’s ruling, however, I think she may have taken the easy way out. Wasn’t she faced with some serious irregularities by Smith’s team? Now, she doesn’t need to risk exposing them.
Please correct me if I am mistaken, but how can the Natl. Archives have these documents, tell Trump to take them, and then “drop a dime”* on him to the DOJ regarding classified materials?
Thank you Neo.
* historical reference – once upon a time there were pay phones, and a call cost a dime
It will surely be appealed. The DC District Judge will reverse, and then it will go to the Supreme Court, where I think Judge Cannon will be upheld. Due process matters. Same for the 34 “felony” counts in New York. All sorts of irregularities there, and violations of Trump’s basic constitutional rights.
well the 11th circuit has been a mixed bag, the discovery issues more attributable to the national security division, but the appointee authority was apriori,
Voice, and stamps used to be 5 cents.
Kate, I agree with you that this ruling will ultimately be upheld. As for the New York cases, I am hoping they won’t HAVE to go to the Supreme Court. I hope that the New York appellate courts will see what they have, at least with the criminal case. I hope so, anyway. I worked for years in New York’s Appellate Division, though not in the First Department, where Trump’s appeals will go first. The AD I knew would not tolerate either case. But I don’t know about the First Department, nor am I at all sure about the Court of Appeals (last stop in NY before the federal system.) We’ll see.
I keep hearing suggestions that there’s some way to avoid the NY appellate courts altogether and go straight to the feds, but nobody ever explains what it is. The only thing I can think of is federal habeas corpus (meaning, more or less, “they have my body”) in which prisoners can use the federal courts to challenge their custody in state prisons. But for that, you have to be in prison, and if J. Merchan’s savvy at all, he won’t sentence him to prison and open up that door to a faster reversal. Again, though, we’ll see.
Mrs. Whatsit, we can hope sanity and legal training will prevail at the appellate levels.
And then there was this from May…
CNN —
Judge Aileen Cannon has indefinitely postponed former President Donald Trump’s classified documents trial in Florida, citing significant issues around classified evidence that would need to be worked out before the federal criminal case goes to a jury.
And then there was this from May…
Robert Sendler at 6:58 pm
“CNN —
Judge Aileen Cannon has indefinitely postponed former President Donald Trump’s classified documents trial in Florida, citing significant issues around classified evidence that would need to be worked out before the federal criminal case goes to a jury.”
And now we may never know what those issues involved. I think the issues would have blown this case apart, and exposed the regime’s corrupt actions.
Since Smith is not legally appointed, Trump should sue the SOB into the poorhouse.
“he cannot create offices at his pleasure”
What “constitutional” rationale did Obama use to appoint his czars?
And a large number of advisors make their home in the WH, while not being nominated and confirmed, but of course they are not dept. heads, etc. Is that the population where the “czars” fall?
The gloats and sneers are writing themselves this week.
I wrote this after the immunity decision and before the assassination. Based on my reasoning I do not expect the 11 circuit will approve an appeal. I was correct in my prediction on Canon’s case.
” A good and reasonable decision. Thomas’s opinion on how a private person can prosecute a president is a stake through the execrable Jack Smith. I think Jack has annoyed the Supreme Court. I recall the 9-0 decision against him on Va governor McDonnell.
The take away is that his persecution of Trump is over. The idea that a prosecution of a President can been done slap dash is a bad one. The crimes should be clearly defined and not part of the Presidents duties. Smith never did this and the district court should have stopped him until he did Now they have to determine the facts and that is not easy. I do not think the district court judge is comfortable with doing this. She knows SCOTUS is watching.
This is not only a legal issue but also political. Trump is on the upswing quite possibly the next President.
If the district judge wants to side step the who ball of turd. She can use the lack of legal authority of Jack Smith and dismiss the case. That would mean that it goes back to Garland. He is already under impeachment threat . Is his loyalty to Biden worth that after Biden showed he is not mentally competent. Does Garland trust the sketchy aides and family to protect him? Would you trust Hunter and Jill?
The Florida case can be dismissed due the lack of legal authority. Judge Canon has no ties to Biden and her only possible ambition is to be good judge so she can be a Circuit Court Judge some day. She has to play it straight with no bias toward Trump or the DOJ. She already has indicated issues with Smith’s lack of authority. The fact that Trump was in negotiations with the Archives when they pulled this illegal raid with possible shoot orders may give her pause. Plus the FBI use of props and messing up the files hurts the case against Trump.
Remember her good actions can lead to a new appointment when Trump wins.
The Georgia case is so messed up with the love affairs and greed of Fani Willis. The corruption of Judges in Fulton County are getting a lot of attention both publicly and by the Georgia legislature.
So the only cases Trump has to win is the appeal from Merchant case and that is easy . Lack of due process. What is the crime? The other case that will be overturned is the sexual assault for both failure of fact record . Changes of the statute of limitations and he should get some of the money back.
I do not expect Trump will go after the plaintiff except civilly.Trump has no political power in NY other than the bully pulpit. So Bragg and James are safe except for their seats. Trump would allocate a lot of resources to get them to be unelected.”
DC District Judge will reverse
==
They don’t have jurisdiction over south Florida.
Not so sure about that one, Art. Jurisdiction over a crime belongs to the district where the crime allegedly occurred. Since Trump took the documents from the White House, that jurisdiction would be Washington DC.
Jurisdiction over a crime belongs to the district where the crime allegedly occurred. Since Trump took the documents from the White House, that jurisdiction would be Washington DC.
==
If that were the case, it would have been a DC judge presiding. Judge Cannon sits in south Florida.
Voice:”And then there was this from May…”
And then there will be this from late July until the election:
“Trump got off on a technicality! But we all know he is as guilty as sin.”
Count on it.