Federal cases should be the same all over the country, but I have no idea if they have an equivalent process or how it works. That's why I mentioned it may differ by jurisdiction.
Merrick Garland appointed Smith, a private citizen, as a federal officer. But the AG has no authority to make such an appointment. Cannon is going to dismiss the case on grounds that Smith is not authorized to prosecute American citizens. This will eventually go to the Supreme Court, but the facts are not on Smith's side. He was never confirmed by the Senate as an officer of the DoJ. But, in fact, the Biden Administration and its Attorney General, Merrick Garland, are themselves to blame for the current delay. Special Counsel Jack Smith claims to be an inferior officer of the United States, but in fact he holds no such office. Smith is a mere employee of the Department of Justice, and he lacks the power to initiate prosecutions. Lucia v. Securities and Exchange Commission, 585 U.S. __ (2018) holds that only officers of the United States can take actions that affect the life, liberty, and property of citizens. Judge Cannon has asked for oral argument on June 21, 2024 on former President Donald Trump's motion to dismiss Special Counsel Jack Smith's indictment on the ground that Smith was unconstitutionally appointed to his current job because he is not an inferior officer. Washington, D.C. super-lawyer, Gene Schaerr, has filed an amicus brief in United States v. Trump on behalf of former Attorney Generals Edwin Meese III and Michael B. Mukasey, as well as me and Professor Gary Lawson, arguing that Jack Smith was unconstitutionally appointed to be an inferior officer, and Judge Cannon has asked Gene Schaerr to participate in the oral argument, which he has agreed to do. The Appointment Clause of Article II, Section 2 provides that: "the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Jack Smith claims to be an inferior officer of the United States appointed by the Head of the Justice Department, but he is instead a mere employee.
I have not heard this line of reasoning before. I am skeptical of it. There are only certain positions that need to be confirmed by the senate. CIA agents, Federal Marshalls, soldiers, secret service agents, FBI agents, and scores of other Federal atorrneys are not confirmed by the Senate and are still legally allowed to work as Federal officers. I'm not sure why this particular appointment falls into a different category.
This is a new one to me and have never heard it before. I’m not going to claim legal expertise but it only seems odd we’re only hearing this now. Especially since other special counsel’s offices have gotten both indictments and convictions they weren’t overturned on this basis.
You know why you haven't heard it before? Because some random guy just pulled it out of their ass and posted it on X. Glad I have him on ignore but sometimes I like to get a chuckle from the bullshit he spews.
I have no doubt that maga judge cannon will find just about any possible when to protect trump and subvert justice. The funny thing, the defenses provided by the maga trump defenders never focus on whether or not he did the crime.
Imagine the egg on Merrick Garland's face! Trump should be free of all federal charges, any day now! Ot maybe this is total BS ... and you @Commodore really don't care either way. Enjoy your SCW echo chamber outrage of the day!
That's because they don't really care if he's a criminal, and they certainly know he's one. They get paid to keep felons on the streets, and let them continue breaking the law, with an arrogance that they can't be touched as long as they can pay the right people to keep them out of jail.
I wonder how many people actually care about this classified documents case atp. It would be 1 thing if they had evidence that he directly sold or relayed classified info to other countries the only one that somewhat interests me is anything to do with election interference
No one actually cares about any of the cases, they just care that Trump is being attacked. Do you think him giving money to Stormy Daniels affected the election at all? Were any of the classified documents at Mar-a-Lago distributed to a foreign power hostile to the United States? No one is concerned that the Russians have secret information that somehow compromises the national defense of the United States. No one thinks that Trump's payments to or about Stormy Daniels had any impact on the election. Democrats hate Trump (because he beat Hilary and cut taxes), so they want him in prison. Republicans love Trump, so they want him to be President again (I would prefer him to Biden, but don't want and will not vote for either). Neither of them will be swayed by any facts presented in his trials, nor by the verdict.
like I said, the only thing that somewhat interests me is anything to do with fake electors or election interference as we get insight into their schemes and plots to undo the election…I am not following the Georgia case closely tho
I certainly think there are a number of people that are worried about the leaking of classified documents and risks to national security. We don't know what of those documents fell into anyone's hands. We do know he was waving some of them around in front of people without security clearance and discussing them. However, during his presidency he refused to use secured lines for communication and instead used a consumer iPhone. So it's likely foreign Intel has all kinds of information.
