Judge Eileen Cannon dismisses Classified Documents case against Trump

[Wandering Monk]

From the Code of Federal Regulations:

PART 600—GENERAL POWERS OF SPECIAL COUNSEL​

Authority:5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Source:64 FR 37042, July 9, 1999, unless otherwise noted.

 

[Guitar's Cry]

Well its Trump so I doubt he did. Then again I think one time he said he thought about it and that's was good enough lol

Yeah, I am pretty sure that's what happened!

 

[Guitar's Cry]

One last thought....

Lets say Biden had been charged.
If his performance at the trial was on par with his performance at the debate do you think that the jury wouldn't be "sympathetic and see him as a elderly man with a poor memory"

Hm...I can't say certainly, but I think the jury would consider more Biden’s cognitive abilities when he would have taken the documents.

I think the results would turn out similar to Hur’s conclusion that there's no real evidence Biden willfully retained the documents illegally, and his cooperation shows a lack of nefarious intent.

 

[Kathryn]

Okay, what about it? Whose fault is that?

I don't know yet. But I plan to try to find out.

 

[Wandering Monk]

I don't know yet. But I plan to try to find out.

I bet you will find that $12 million is for his entire team.

 

[Kathryn]

I bet you will find that $12 million is for his entire team.

I don't care one way or the other who it's for. My point is, who authorized it and who is controlling the spending?

 

[Evangelicalhumanist]

The two difference is a President has the authority to declassify anything.

Not by thinking about it, he doesn't. No paper trail, said nothing to anybody.

 

[metis]

However, by law a Special Council is supposed to be approve by Congress and also be a person who works inside Government.

According to 93 previous cases that went to court, this is not true.

 

[metis]

The voting machines are less likely to be overloaded with a trickle in of early votes and with more scrutiny.

Again, you post such garbage as there was no significant problem with the voting machines, which is why Fox got their butts sued.

 

[fantome profane]

Let's talk about the 12 MILLION dollars plus some that Smith has racked up so far.

I bet you will find that $12 million is for his entire team.

I bet you will find that a good chunk of that money is for security for him and his team as a result of Trumps dangerous rhetoric.

 

[fantome profane]

I just hope the appeal is done quickly. Not so the trial can happen before the election, there is almost zero chance of that happening now. But still a quick reversal on appeal will send a signal about how ridiculous this ruling was.

 

[Wandering Monk]

Again, you post such garbage as there was no significant problem with the voting machines, which is why Fox got their butts sued.

Trump's campaign hired two companies to find voter fraud. The companies were Berkely Research Group and Simpatico Software Systems. They BOTH found no fraud that would have changed the outcome of the 2020 election.

Then you have Cyber Ninjas who found the same.

To say nothing about multitudes of recounts and audits which had the same results.

But the MAGA crowd can't give it up, because Trump's ego won't let him admit he lost.

 

[We Never Know]

I just hope the appeal is done quickly. Not so the trial can happen before the election, there is almost zero chance of that happening now. But still a quick reversal on appeal will send a signal about how ridiculous this ruling was.

This law professor gets into it with some good detail. Looking at it from different angles.
It seems to be about whether Smith was an inferior officer acting without supervision or acting as a superior officer.

The Trump Documents Case Should Not Have Been Dismissed, says law prof

By Gregory Germain, Professor of Law, Syracuse University College of Law Donald Trump and his associates were charged with stealing, mishandling, concealing ...

news.syr.edu

 

[metis]

But the MAGA crowd can't give it up, because Trump's ego won't let him admit he lost.

And now with Vance, the Dems will quote many of his attacks on Trump after Jan.6th.

 

[Riders]

Jack Smith may get it over turndd

.https://www.msn.com/en-us/news/politics/how-jack-smith-might-get-donald-trump-s-classified-docs-charges-reinstated/ar-BB1q4aDw?ocid=msedgdhp&pc=LCTS&cvid=ccf2882259d540a1b8a97b4a8203b477&ei=17

 

[Wandering Monk]

Using Cannon's reasoning (and Thomas' not so subtle hint to her) the Special Counsel in the Hunter Biden case was unlawfully appointed also.

And today, Hunter Biden moved to dismiss his case based on Cannon's ruling.

The Law of Unintended Consequences in action.

 

[Copernicus]

This law professor gets into it with some good detail. Looking at it from different angles.
It seems to be about whether Smith was an inferior officer acting without supervision or acting as a superior officer.

The Trump Documents Case Should Not Have Been Dismissed, says law prof

By Gregory Germain, Professor of Law, Syracuse University College of Law Donald Trump and his associates were charged with stealing, mishandling, concealing ...

news.syr.edu

Did you read the entire article? Did you miss the conclusion? Here it is:

But even if Judge Cannon’s reasoning is upheld, her disposition of the case was wrong. Dismissal is an extreme remedy that should not be used when well-settled law, that has been reasonably relied on for decades, is overturned, and where the defendants’ rights would not be materially harmed by the technical deficiency that previously occurred. Rather than dismissing the case, the Court should allow the Justice Department to fix the technical problem.

Professors Calabresi and Lawson argued in their law review article that the appointments clause defect could be easily cured by appointing another “Officer,” like one of the United States Attorneys, who has been appointed by the President and confirmed by the Senate, to supervise Jack Smith’s work on the case.

If that was done, dismissal would only be appropriate if the defendants were somehow prejudiced by Smith’s wrongful appointment. Everything that was done by Jack Smith in the case could have been done by Jack Smith under the supervision of a United States Attorney. The technical defect in Smith’s appointment, which was easily curable, did not prejudice the defendants. There is no reason that a United States Attorney appointed to supervise the case now could not ratify Smith’s past work, and allow Smith to proceed with the prosecution. A case prosecuted by Jack Smith under the supervision of the United States Attorney would be like the thousands of cases brought by Assistant United States Attorneys every day in every jurisdiction. Without proof that the defendants were severely prejudiced by this technical appointments issue, the extreme remedy of dismissal was totally unwarranted and should be reversed on appeal.

And I'm not so sure that the author of the article was right to assume that the Supreme Court will likely go along with Cannon's argument, especially since it was telegraphed to her by Justice Thomas. It turns out that John Roberts was one of the authors of the current rules for appointing a Special Counsel, so he might not take kindly to the argument, especially since it will bring into question past appointments of special counsels, including now the one in the Hunter Biden case.

See:

Trump-appointed federal judge rules Trump’s classified document case is unconstitutional – here’s how special counsels have been authorized before​

 

[Twilight Hue]

Election interference: Voters deserve to know whether one of the candidates is guilty of mishandling classified information.

You know, a simple solution would be the obvious right?

Why don't they just simply not allow classified information to be taken home into someone's private residence? Novel idea I know.

If a president wants to review it , go to the appropriate government facility where it's secure and view it there.

 

[Guitar's Cry]

You know, a simple solution would be the obvious right?

Why don't they just simply not allow classified information to be taken home into someone's private residence? Novel idea I know.

If a president wants to review it , go to the appropriate government facility where it's secure and view it there.

True, and in Trump's case a simple solution to avoid the legal entanglement would have been to cooperate with the federal government.

 

[We Never Know]

Did you read the entire article? Did you miss the conclusion? Here it is:



And I'm not so sure that the author of the article was right to assume that the Supreme Court will likely go along with Cannon's argument, especially since it was telegraphed to her by Justice Thomas. It turns out that John Roberts was one of the authors of the current rules for appointing a Special Counsel, so he might not take kindly to the argument, especially since it will bring into question past appointments of special counsels, including now the one in the Hunter Biden case.

See:

Trump-appointed federal judge rules Trump’s classified document case is unconstitutional – here’s how special counsels have been authorized before​

Yes there could be several different out comes.
What's right or wrong/legal or illegal about the appointment and her decision is what is being looked at by many.
The person in that link discusses several things in good detail, that was the point of my posting said link.