Trump Mar-a-Lago documents case DISMISSED by Judge Cannon

[phisheep]

Full ruling here. (Main trial thread here.)

Essentially saying that Jack Smith was never properly appointed as Special Counsel, so never had the authority to prosecute the case.

The ruling is a bit of a Hail Mary thing, it would mean that every special prosecutor since 1999 was improperly appointed. In addition:
a) since the jury has not been sworn, double jeopardy does not apply. So he could be re-indicted.
b) SCOTUS considered this in the recent Immunity case, but only Clarence Thomas put his name to it.

It is very likely that this will be swiftly appealed to the 11th circuit.

We have been waiting, very patiently, for Judge Cannon to make an appealable ruling. Looks like this is it.

Of course, it means more delay. But not necessarily any more delay than Judge Cannon would have made anyway.

 

[RadzPrower]

Yeah, this seemed inevitable, but I'm surprised it didn't take longer in order to further drag things out.

 

[adj_noun]

a) since the jury has not been sworn, double jeopardy does not apply. So he could be re-indicted.

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I redid everything right and they re-indicted meeeeeeeeeeee

 

[CrunchyFrog]

Undoubtedly intentionally dropped for cover during the post-assassination furor. Spineless, but at last a chance to buck this moron off the case.

 

[entremet]

She waited this out for a while too. She's clearly a Trump toady. Her credentials are horrendous.

 

[Joe]

Re-posting what I said in the other thread:

I don't know about misplay, but yeah, this is probably the most encouraging thing I've seen happen in this case since she was assigned. A judge has a ridiculous amount of latitude to absolute ratfuck a case, and I think there were ways for her to fuck up this case beyond repair. To, say, get a jury seated and jeopardy attached before barring a ton of evidence and giving the jury instructions that would make it impossible to convict. From the moment she was assigned, that was the sort of thing I was worried about.

But her dismissing the case? Something that's immediately appealable to the 11th Circuit? I am perfectly happy to see that happen! The 11th Circuit has already slapped her down on a couple other things she'd fucked up, they have not expressed any fondness for her jurisprudence. I think they'll slap her down on appeal and remand. I think the DoJ will ask for a reassignment on remand, and I think they'll get it.

It sucks that we're never going to get this resolved before the election, but I think that was pretty much baked in the moment she was assigned. This dismissal means, at least, there's a chance it could get resolved eventually and a slim chance we get pre-trial motions and things moving before the election.

So, it isn't a great move for delaying the trial, but the only reason I don't call it a misplay is because I don't think it was a mistake. I think she's just decided that she did her part, and there's little risk in letting it go now because she thinks he's going to win. And he might, so let's get out there and vote the fucker out.

 

[SuperHans]

Absolute blatant corruption.

 

[No Depth]

Christ the RNC speeches are going to be that much more unbearable…

The timing too…

 

[ThisThingIsUseful]

Will share a quote from the OT thread:

Yeah there is nothing whatsoever "lucky" about this. He appointed judges who would work in his interests and the interests of their billionaire donors, which are ALSO his interests. With his SCOTUS appointments, people whom he gave lifetime jobs to and whom his billionaire peers shower with gifts and money have the final say on literally EVERYTHING that happens not just to him but to the entire country. This is not luck but the inevitable outcome of the 2016 election.

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Agreed. This was deliberate, and anybody who thought the people shouting how important the Courts were during the 2016 election were just being hysterical have explaining to do. This is what happens when you just decide all hope is lost so I'm not voting, and I'm not even talking about leftist voters; a ton of "moderate" voters decided both candidates were just as bad in 2016 and are now shocked and not connecting the dots on the consequences since then.

 

[YimbyButler]

She's a member of The federalist society

"The Federalist Society was founded in 1982 by a group of students from Yale Law School, Harvard Law School, and The University of Chicago Law School with the aim of challenging liberal or left-wing ideology within elite American law schools and universities. The organization's stated objectives are "checking federal power, protecting individual liberty and interpreting the Constitution according to its original meaning",[1] and it plays a central role in networking and mentoring young conservative lawyers.[5]According to Amanda Hollis-Brusky, the Federalist Society "has evolved into the de facto gatekeeper for right-of-center lawyers aspiring to government jobs and federal judgeships under Republican presidents."[8] It vetted President Donald Trump's list of potential U.S. Supreme Court nominees; in March 2020, 43 out of 51 of Trump's appellate court nominees were current or former members of the society."

 

[WascallyWabbit]

Re-posting what I said in the other thread:

I don't know about misplay, but yeah, this is probably the most encouraging thing I've seen happen in this case since she was assigned. A judge has a ridiculous amount of latitude to absolute ratfuck a case, and I think there were ways for her to fuck up this case beyond repair. To, say, get a jury seated and jeopardy attached before barring a ton of evidence and giving the jury instructions that would make it impossible to convict. From the moment she was assigned, that was the sort of thing I was worried about.

But her dismissing the case? Something that's immediately appealable to the 11th Circuit? I am perfectly happy to see that happen! The 11th Circuit has already slapped her down on a couple other things she'd fucked up, they have expressed any fondness for her jurisprudence. I think they'll slap her down on appeal and remand. I think the DoJ will ask for a reassignment on remand, and I think they'll get it.

It sucks that we're never going to get this resolved before the election, but I think that was pretty much baked in the moment she was assigned. This dismissal means, at least, there's a chance it could get resolved eventually and a slim chance we get pre-trial motions and things moving before the election.

So, it isn't a great move for delaying the trial, but the only reason I don't call it a misplay is because I don't think it was a mistake. I think she's just decided that she did her part, and there's little risk in letting it go now because she thinks he's going to win. And he might, so let's get out there and vote the fucker out.

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Thank you for the context

 

[maximumzero]

Nobody's fucking surprised. Dude is getting every out available to a human being.

 

[Latvian Hitman]

Seems like the play here is to get this kicked up to SCOTUS so Thomas can work his magic since he already offered his unsolicited opinion about this topic. She doesn't care what the 11th circuit does so long as her MAGA buddies on SCOTUS back her up. That'll be the end of the January 6th case, too.

The speed with which our institutions are crumbling is dizzying.

 

[Ayirek]

When this is appealed to the 11th circuit does it stay there? Is it possible for Canon to somehow redraw this case?

 

[MechaX]

Yeah Cannon's reading is just… astronomically dumb and has catastrophic ramifications if her logic holds

Not only is it saying that every special prosecutor by the federal government for the past 25 years was unconstitutional, and not only the fact that she relies on Thomas's non-binding dicta, but tying Special Prosecutor authority to Congress needing to authorize/fund it opens up so many cans of worms (the most obvious just being that even if the executive and legislature are aligned, this shit would take an ungodly amount of time to even execute)

Even 1Ls can conduct better legal analyses than this; Cannon should have never been appointed as a federal judge

 

[Lump]

Woah I was convinced she was trying to make sure jeopardy would attach first

 

[Azubah]

Give her time.

 

[steejee]

I thought she'd try to draw this out longer, but I guess she might as well go mask off and just wear a sign saying she's bought and paid for by Trump.

Hopefully the 11th does its duty here.

Another reminder of HOW DAMNED IMPORTANT TRUMP NOT WIN IN 2024. Another four years and the courts will be even MORE fucked up.

 

[Thordinson]

b) SCOTUS considered this in the recent Immunity case, but only Clarence Thomas put his name to it.

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SCOTUS did not consider whether special prosecutors/counsel are unconstitutional. Thomas used his concurrence to rally against them.

I think with a Court so hostile to Executive power that it's not unthinkable for them to declare them unconstitutional in a future case.

Yeah Cannon's reading is just… astronomically dumb and has catastrophic ramifications if her logic holds

Not only is it saying that every special prosecutor by the federal government for the past 25 years was unconstitutional, and not only the fact that she relies on Thomas's non-binding dicta, but tying Special Prosecutor authority to Congress needing to authorize/fund it opens up so many cans of worms (the most obvious just being that even if the executive and legislature are aligned, this shit would take an ungodly amount of time to even execute)

Even 1Ls can conduct better legal analyses than this; Cannon should have never been appointed as a federal judge

Click to shrink...

This is an argument that's be held by the Federalist Society and the like.

At least on the surface, I can kinda understand the logic. The Executive shouldn't be able to create offices and those acting as US Attorneys should probably be appointed through the normal process.

 

[chainlinkspiral]

The 11th will pick this back up.

 

[falcondoc]

fucked country

 

[ThisThingIsUseful]

I pretty much figured he wasn't going to have a come-to-Jesus moment after being shot. If you can't see the connection between political violence and Jan. 6, then you shouldn't have power again:

 

[Casa]

I absolutely agree with people who say Cannon is the next SC Justice if Trump wins. Thomas will retire within Trump's first year and she will be nominated.

This case was her audition and she passed with flying colors.

 

[TheDestructiveSquirrel]

How long will the 11th circuit take?

Everything with Trump is so damn exhausting and I'm not even American, how are there Americans who are somehow oblivious/apathetic to everything going on? They must want shit to go back to being boring ffs

 

[Volimar]

Yeah Cannon was going to make sure this never happened before the election anyway.

 

[Joe]

SCOTUS did not consider whether special prosecutors/counsel are unconstitutional. Thomas used his concurrence to rally against them.

I think with a Court so hostile to Executive power that it's not unthinkable for them to declare them unconstitutional in a future case.



This is an argument that's be held by the Federalist Society and the like.

At least on the surface, I can kinda understand the logic. The Executive shouldn't be able to create offices and those acting as US Attorneys should probably be appointed through the normal process.

Click to shrink...

Yeah, unfortunately I don't think it's a stretch for this SCOTUS. And the whole "well if we get rid of it and rely on the Legislative Branch to authorize them on a case by case basis, nothing will ever get done" argument never holds water with this SCOTUS.

 

[twinturbo2]

She waited this out for a while too. She's clearly a Trump toady. Her credentials are horrendous.

Click to shrink...

She was appointed by Trump and didn't even hide it. Why didn't they ask for a recusal, it was an open-shut case here.

 

[astroturfing]

Seems like the play here is to get this kicked up to SCOTUS so Thomas can work his magic since he already offered his unsolicited opinion about this topic. She doesn't care what the 11th circuit does so long as her MAGA buddies on SCOTUS back her up. That'll be the end of the January 6th case, too.

The speed with which our institutions are crumbling is dizzying.

Click to shrink...

and all for a laughably criminal reality TV host with a silly haircut.

from an outsider European's perspective it all looks so.. there's not even a word for it. it's often hard to believe what i'm reading and seeing, it's surreal.

not that many European countries like my country Finland doesn't have the potential to crumble in a similar way... maybe we're just a bit behind. maybe our ultra-nationalist anti-science nutters only need their "strong leader" and then it accelarates.

 

[Thordinson]

Yeah, unfortunately I don't think it's a stretch for this SCOTUS. And the whole "well if we get rid of it and rely on the Legislative Branch to authorize them on a case by case basis, nothing will ever get done" argument never holds water with this SCOTUS.

Click to shrink...

Because, to be fair, that is Congress' fault.

I guess the question is should SCOTUS take into account a dysfunctional legislative branch when making rulings?

 

[entremet]

I pretty much figured he wasn't going to have a come-to-Jesus moment after being shot. If you can't see the connection between political violence and Jan. 6, then you shouldn't have power again:

Click to shrink...

So much for "bringing America back together again".

 

[Sky Chief]

The doomposters are always right

 

[Pendas]

I pretty much figured he wasn't going to have a come-to-Jesus moment after being shot. If you can't see the connection between political violence and Jan. 6, then you shouldn't have power again:

Click to shrink...

For a moment I was worried Trump might have learned something and would pivot.. at least temporarily... to try and appeal to moderates.

Just a moment....

 

[Joe]

Because, to be fair, that is Congress' fault.

I guess the question is should SCOTUS take into account a dysfunctional legislative branch when making rulings?

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Absolutely, I get why the Court has a temptation to say "then Congress needs to sort out their own dysfunction." I wish Congress would, too. They should get rid of the filibuster and things would start moving again.

As for the SCOTUS taking it into account, I wish they would. I get why they don't. Hell, I even get why non-Originalists don't. But I want things to happen, and all rules are just made-up anyway.

 

[JB2448]

I absolutely agree with people who say Cannon is the next SC Justice if Trump wins. Thomas will retire within Trump's first year and she will be nominated.

This case was her audition and she passed with flying colors.

Click to shrink...

Yeah Cannon was going to make sure this never happened before the election anyway.

Click to shrink...

This is so obviously choreographed and blatant to anyone paying attention, and we're just letting this happen.

What can we even do? If this election goes how we fear it will, do we give up on this country?

 

[MechaX]

This is an argument that's be held by the Federalist Society and the like.

At least on the surface, I can kinda understand the logic. The Executive shouldn't be able to create offices and those acting as US Attorneys should probably be appointed through the normal process.

Click to shrink...

I feel like the Federalist society argument reads in things not actually in the Constitution (and given that Congress never actually made a law about this after 1999, there isn't really any inconsistency from how they handled it when reading the appointment clause in conjunction with the appropriations clause).

If nothing else, this kind of ruling ends up having unexpected consequences (like accidentally being a basis for throwing out Hunter Biden's charges lmao)

 

[Watchtower]

Of course, it means more delay. But not necessarily any more delay than Judge Cannon would have made anyway.

Click to shrink...

This is what I'm thinking too. Cannon's already fucked any attempt at this trial being resolved before the election, that ship has already sailed. However, if Smith and the 11th move quickly enough this will get thrown back into the spotlight, and with the trial actually moving forward this will keep being in the spotlight well into Election Day.

And of all the trial episodes this one is one Trump shouldn't want actively playing leading up to the election. Because this is a trial of him swiping top-secret docs and stashing them in his house, in his bathroom. The conspiracy image of him pawning state secrets to our enemies to the highest bidder writes itself.

 

[RoninZ]

These last couple weeks feel like a sick nightmare. I got no faith in the 11th like some people do. They have been making horrible rulings, and there is nothing suggesting this will any different.

 

[RetroMG]

Assuming this is successfully appealed and not derailed elsewhere, (Like Trump winning*) would the case get a new judge?

*I've tried so hard not to be a doomer, but tbh, the last few weeks have utterly broken my positivity. I'm going to vote and not going to post any doomer posts after this, but I'm swiftly losing all hope.

 

[mbpm]

There will be other cases. But yeah this is wack

 

[B-Dubs]

When this is appealed to the 11th circuit does it stay there? Is it possible for Canon to somehow redraw this case?

Click to shrink...

If they reject her nonsense then odds are Smith can get the case reassigned.

Assuming this is successfully appealed and not derailed elsewhere, (Like Trump winning*) would the case get a new judge?

*I've tried so hard not to be a doomer, but tbh, the last few weeks have utterly broken my positivity. I'm going to vote and not going to post any doomer posts after this, but I'm swiftly losing all hope.

Click to shrink...

Yes. If this gets overturned then Smith likely has standing to get her kicked off it.

 

[Maxim726x]

The doomposters are always right

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It's no longer doom.

It just... Is.

 

[mentallyinept]

Pure insanity, but the positive note is that the case would be officially off of her plate right?

Someone not insane would be assigned the case upon refiling?

 

[Nephtes]

The ruling is a bit of a Hail Mary thing, it would mean that every special prosecutor since 1999 was improperly appointed.

Click to shrink...

Serious question for folks in the know: why only special prosecutors since 1999?

What is the difference between one's appointed pre-1999 and post-1999 that would have made the difference?

 

[Thordinson]

I feel like the Federalist society argument reads in things not actually in the Constitution (and given that Congress never actually made a law about this after 1999, there isn't really any inconsistency from how they handled it when reading the appointment clause in conjunction with the appropriations clause).

If nothing else, this kind of ruling ends up having unexpected consequences (like accidentally being a basis for throwing out Hunter Biden's charges lmao)

Click to shrink...

Oh yeah. I'm just saying it's been an argument rather than a completely new one.

Serious question for folks in the know: why only special prosecutors since 1999?

What is the difference between one's appointed pre-1999 and post-1999 that would have made the difference?

Click to shrink...

It has to do with the law creating the original office of special counsel expiring, I believe.

 

[MasterYoshi]

He... can keep getting away with it?

 

[Culex]

Serious question for folks in the know: why only special prosecutors since 1999?

What is the difference between one's appointed pre-1999 and post-1999 that would have made the difference?

Click to shrink...

I don't think anyone was ever appointed before Clinton so it started there?

 

[blackhawk163]

ihatethatman.gif

two-tiered justice system indeed

 

[B-Dubs]

I don't think anyone was ever appointed before Clinton so it started there?

Click to shrink...

There was one in the Nixon case. I think Iran-Contra as well.

 

[Mr Swine]

So can Trump retrieve the classified documents since the case is thrown out?

 

[entremet]

So can Trump retrieve the classified documents since the case is thrown out?

Click to shrink...

He doesn't have access to them anymore