Poor Jack Smith. He just can’t catch a break outside of New York with it’s corrupt judges and heavily biased juries. Judge Aileen Cannon threw out his case against President over documents at Mar-a-Lago, so he appealed to the 11th Circuit Court of Appeals where he got some good news and a lot of bad news. The good news for Smith is that the court agreed to hear the case, but the bad news is that filings are not due until the end of October.
That would be less than a week before the presidential election. That means Smith has no chance to lock up Trump before the election. In fact, even though it is 2 1/2 months from Inauguration Day, it is unlikely that even if Trump would be convicted which is highly unlikely, he will be in the Oval Office before then and would be bulletproof. So, all in all it was a very bad day for the bad guys.
Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents. But Smith was able to use a New York grand jury to get those 37 indictments, but the he was forced to try his case in Georgia with an honest judge who gave victories to both sides and it all fell apart for him. Credit Supreme Court Justice Clarence Thomas who declared Smith’s appointment was illegal.
Cannon wrote in her order:
“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law.”
“Both the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution? After careful study of this seminal issue, the answer is no.”
VISIT OUR YOUTUBE CHANNEL“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.”
Special Counsel Jack Smith on Wednesday appealed Judge Cannon’s decision to toss the classified documents case to the 11th Circuit Court of Appeals.
Judge Aileen Cannon on Monday dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.
The charges waged against Trump and his co-defendants Walt Nauta and Carlos De Oliveira were all tossed.
Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
Cannon dismissed Jack Smith’s case based on both unconstitutional elements: The appointment by US Attorney Merrick Garland and the unlimited funding given to Jack Smith – both without the approval of Congress.
