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.
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.