Categories
Biden Biden Cartel Corruption Elections Government Overreach Lawfare The Law Trump Weaponization of Government.

MEGA WINNING! Judge Cannon Dismisses Classified Documents Case: Unconstitutional Appointment of Jack Smith

Views: 28

Judge Aileen Cannon has dismissed the high-profile classified documents case, citing the unlawful appointment of Special Counsel Jack Smith.

This decision comes as a significant blow to the Biden regime and the Department of Justice, raising questions about the integrity of the entire investigation.

Attorney General Garland violated the Constitution by appointing Jack Smith to conduct this politically motivated persecution against President Trump.

The decision effectively halts the prosecution led by Special Counsel Jack Smith, appointed by Attorney General Merrick Garland.

In her ruling, Judge Cannon wrote:

Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order [ECF No. 326]. The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution. U.S.

Const., Art. I, $ 2, cl. 2. Special Counsel Smith’s use of a permanent indefinite appropriation also violates the Appropriations Clause, U.S. Const., Art. I, § 9, cl. 7, but the Court need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.

The effect of this Order is confined to this proceeding.

The court found that Smith’s appointment did not adhere to the Appointments Clause, which requires that principal officers of the United States be appointed by the President and confirmed by the Senate.

The Special Counsel’s use of a permanent indefinite appropriation was also deemed a violation of the Appropriations Clause, although the court did not address the remedy for this funding violation given the dismissal on Appointments Clause grounds.

The case, which stemmed from a grand jury indictment on June 8, 2023, charged Trump with 31 counts of willful retention of national defense information and additional conspiracy and concealment charges against Trump and his co-defendants, Waltine Nauta and Carlos De Oliveira. The indictment was later expanded to 42 charges in a superseding indictment.

President Trump previously filed a motion to dismiss Jack Smith’s classified documents charges based on the “unlawful appointment and funding of Special Counsel.”

Day one of the expanded evidentiary hearing was held last month.

According to NBC News, President Trump’s lawyers “argued that an officer like the special counsel must be appointed “by law” and that the special counsel should be categorized as a “principal officer” and subject to Senate confirmation. The statutory text cited by the special counsel’s office “does not authorize” the U.S. attorney general’s appointment of the special counsel, his lawyer, Emil Bove, argued.”

Cannon did question whether Attorney General Merrick had any oversight role in seeking the indictment against Trump.

Jack Smith’s prosecutor James Pearce refused to answer and claimed it would be against policy to answer the question.

“Why would there be any heartburn to answer whether the attorney general signed off on the indictment?” Cannon asked.

Recall, Conservative Supreme Court Justice Clarence Thomas questioned Jack Smith’s authority as special counsel in his concurring opinion on the high court’s presidential immunity ruling.

Last month, the Supreme Court ruled 6-3 that Trump has absolute immunity for his core constitutional powers. Former presidents are entitled to at least a presumption of immunity for their official acts.

The Supreme Court ruled that there is no immunity for unofficial acts.

Clarence Thomas questioned Jack Smith’s authority because he was a private citizen when he was tapped as a special prosecutor.

“I write separately to highlight another way in which this prosecution may violate our constitutional structure. In this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States. But, I am not sure that any office for the Special Counsel has been “established by Law,” as the Constitution requires. Art. II, §2, cl. 2. By requiring that Congress create federal offices “by Law,” the Constitution imposes an important check against the President — he cannot create offices at his pleasure. If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a former President,” Clarence Thomas said.

Clarence Thomas argued that no other former US President has been prosecuted for official acts despite numerous past Presidents taking actions that would argue constitutes crimes.

“No former President has faced criminal prosecution for his acts while in office in the more than 200 years since the founding of our country. And, that is so despite numerous past Presidents taking actions that many would argue constitute crimes. If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding,” Clarence Thomas wrote.

Thomas also argued that Jack Smith is not senate confirmed (Trump’s lawyers are also using this argument before Judge Cannon).

“The Constitution sets forth how an office may be created and how it may be filled. The Appointments Clause provides: “[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but 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 Department.” Art. II, §2, cl. 2. The constitutional process for filling an office is plain from this text. The default manner for appointing “Officers of the United States” is nomination by the President and confirmation by the Senate. Ibid. “But the Clause provides a limited exception for the appointment of inferior officers: Congress may ‘by Law’ authorize” one of three specified actors “to appoint inferior officers without the advice and con-sent of the Senate.” NLRB v. SW General, Inc., 580 U. S. 288, 312 (2017) (THOMAS, J., concurring). As relevant here, a “Hea[d] of Department”—such as the Attorney General—is one such actor that Congress may authorize “by Law” to appoint inferior officers without senatorial confirmation. Art. II, §2, cl. 2.

Thomas once again reiterated that a special prosecutor must be senate confirmed.

“Before the President or a Department Head can appoint any officer, however, the Constitution requires that the underlying office be “established by Law.”1 The Constitution itself creates some offices, most obviously that of the President and Vice President. See §1. Although the Constitution contemplates that there will be “other Officers of the United States, whose Appointments are not herein otherwise provided for,” it clearly requires that those offices “shall be established by Law.” §2, cl. 2. And, “established by law” refers to an office that Congress creates “by statute.” Lucia v. SEC, 585 U. S. 237, 254 (2018) (THOMAS, J., concurring); see also United States v. Maurice, 26 F. Cas. 1211, 1213 (No. 15,747) (CC Va. 1823) (Marshall, C. J.).”

In her detailed opinion, Judge Cannon emphasized the importance of the separation of powers and the role of Congress in the appointment process. She highlighted that none of the statutes cited by the Special Counsel—28 U.S.C. §§ 509, 510, 515, and 533—provided the Attorney General with the authority to appoint a Special Counsel with the full powers of a United States Attorney.

“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,” Cannon wrote.

“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,” she added.

Original article here:

Loading

49
Categories
Biden Biden Cartel Biden Pandemic Censorship Commentary Corruption COVID Economy Education Elections Government Overreach Links from other news sources. MSM Reprints from others.

Articles the MSM ignores.

Views: 15

Articles the MSM ignores.

#10 – Study uncovers a 37% LOSS in life expectancy among people who took two or more COVID shots.

#9 – Biden says he’s “proud” to be a “Black woman.”

#8 – Congressman shares jaw-dropping story about Trump’s legendary power move against the Taliban.

#7 – Joe Rogan’s thought-provoking comparison of Maui and Ukraine goes viral.

#6 – World Economic Forum staffers accuse Klaus Schwab of sexual harassment.

#5 – Vivek Ramaswamy narrows down Joe Biden’s replacement to one of two individuals.

#4 – Trump floats “televised military tribunals” for jailing top Dem and GOP politicians.

#3 – Nearly 200 pages of Epstein Grand Jury documents are quietly released for the first time.

#2 – Putin supports Trump’s plan to stop the war in Ukraine.

#1 – Tennessee woman wins landmark lawsuit against BlueCross BlueShield, securing nearly $700K for denial of COVID vaccine exemption.

Loading

50
Categories
Biden Biden Cartel Commentary Corruption Government Overreach How sick is this? Leftist Virtue(!) Links from other news sources. Vaccines

How crazy is this? Biden Admin Awards $176 Million to Moderna for ‘Pandemic Influenza Vaccine’.

Views: 17

How crazy is this? Biden Admin Awards $176 Million to Moderna for ‘Pandemic Influenza Vaccine’. The Biden administration will pay $176 million to Moderna to create an “mRNA-based pandemic influenza vaccine,” with health officials citing “lessons learned during the COVID-19 pandemic.”

So now we’re paying Moderna to create a vaccine, then we will buy the vaccine that we paid for? Moderna already started to create their own vaccine, so now there’s no incentive for them to spend their own money.

The first human confirmed to have died from the virus was a 59-year-old Mexican man who contracted it in April, but none here in the United states.

 

Loading

58
Categories
America's Heartland Biden Biden Cartel Commentary Corruption Government Overreach

Yes Virginia, we will continue to show the Democrats and Independents the real Joe Biden.

Views: 28

Yes Virginia, we will continue to show the Democrats and Independents the real Joe Biden.

Ever since the debate, the MSM has come out and pretended that they didn’t know that what they saw was the same Joe Biden the Conservatives saw.

Now some are even asking for the DNC to pick a new nominee going forward. That’s not good enough. This website and others like it will contine to point out the real Joe Biden.

A Biden donor.

“I had a father who died at 92 but at 81, I took away his car. It’s a very simple test for me. If you were driving from downtown Beverly Hills to Malibu, would you want Biden to do it at night? ”

 

Loading

65
Categories
Biden Biden Cartel Commentary Government Overreach Lawfare Lies Links from other news sources. The Courts

Mentally challenged Biden goes after SCOTUS.

Views: 14

Mentally challenged Biden goes after SCOTUS.

Yesterday the Supreme Court rulled on Presidential Immunity. Yes Virginia, the President has it when it comes to his official duty. For some reason Biden, MSM, and far left extreemists just don’t get it.

The U.S. Supreme Court ruled Monday that Trump cannot be prosecuted for any actions that were within his constitutional powers as president, but can be for private acts, in a landmark ruling recognizing for the first time any form of presidential immunity from prosecution.

Loading

56
Categories
America's Heartland Biden Biden Cartel Commentary Corruption Government Overreach Leftist Virtue(!) Links from other news sources. The Courts Trump

Short and Sweet. Winning. Don’t you just love when the SOTUS gets it right?

Views: 21

Short and Sweet. Winning. Don’t you just love when the SOTUS gets it right?

The US Supreme Court on Friday delivered a devastating blow to Biden’s corrupt Justice Department and overturned the obstruction charge used to jail hundreds of January 6 defendants.

Biden’s corrupt DOJ charged more than 300 J6ers with 18 USC §1512(c)(2). Additionally, two of the four charges against Trump in Jack Smith’s DC case are conspiracy to obstruct so the Supreme Court’s ruling on Friday torpedoed the special counsel’s case against Trump as well.

And what does the DOJ have to say?

US Attorney from DC Matthew Graves fired a warning shot to the US Supreme Court – and J6ers serving time for 18 USC §1512(c)(2), the ‘obstruction’ statute pending before SCOTUS.

Graves threatened to seek more prison time for the J6ers if the Supreme Court reverses the obstruction statute. What arrogance.

Loading

67
Categories
Biden Biden Cartel Commentary Corruption Crime Government Overreach Lawfare Links from other news sources. Opinion

Short and sweet. No Virginia there is no difference between Bannon, Navarro, or Garland ignoring Subpoenas.

Views: 9

Short and sweet. No Virginia there is no difference between Bannon, Navarro, or Garland ignoring Subpoenas.

So, three men are found in contempt of Congress. All three ignored a Subpoena. But only Bannon and Navarro were arrested. All three claimed executive privilege. Again, Bannon and Navarro were denied.

we might see a more precise demarcation line drawn around the nebulous concept of executive privilege and absolute immunity. Specific requirements could be held up for executive privilege assertions – proof of assertion by a present or former president, validation of the defendant’s advisory role at the relevant time, and the privilege claim made on a question-by-question basis before Congress. Satisfying these requirements could become critical for criminal and civil enforcement efforts in future legislative-executive branch face-offs.

Loading

43
Categories
Biden Biden Cartel California. Economy Education Elections Government Overreach Lies Links from other news sources.

California stories that are being ignored.

Views: 26

California stories that are being ignored.

Stories that need to be covered by the MSM.

  1. CA Democrats Plan Mass Release of Criminals from Prison in State Budget
  2. WATCH: CA Democrats Propose Massive Release of Criminals!
  3. Latest FBI 2022 Stats Prove Massive Crime Wave in California
  4. WATCH: CA Says Criminals Can’t Be Asked to Do Work in Prison?!
  5. Alarming Spike in Terror Risk at Border in California

Loading

70
Categories
Back Door Power Grab Biden Biden Cartel Commentary Corruption Government Overreach Lies Links from other news sources. The Courts

No Virginia, President Trump didn’t call for violence against the FBI.

Views: 16

No Virginia, President Trump didn’t call for violence against the FBI. For some reason the Smith faux team keeps on going back to Judge Cannon to sensor Donald Trump.

For some reason the Smith team thinks there before some affirmative action judge and tries to intimidate Judge Cannon. She would have none of it. She told the Smith lawyer that if he continued to act like he was before an affirmative action judge, she would ban him.

Smith’s team claims claim that the FBI agents fear for their life because of Trumps so called call for violence.

The judge closed with this. “Where on the attachments do you see a call for violence?” Crickets.

(5) Julie Kelly 🇺🇸 on X: “From FLA courthouse: Gag order hearing just ended. Will have details shortly. Overall, the bad behavior by Jack Smith’s team continues. David Harbach, one of the lead prosecutors, almost got himself tossed out of court this afternoon. After several minutes of Harbach’s” / X

 

Loading

72
Categories
Back Door Power Grab Biden Biden Cartel Columbian Justice. Corruption Government Overreach Leftist Virtue(!) Links from other news sources. The Courts

What happens when you move a case to a district that favors a Progressive AG? You sometimes lose.

Views: 12

What happens when you move a case to a district that favors a Progressive AG? You sometimes lose.

The Nevada AG had a trial moved to a county where a Grand Jury would be willing to indict. It didn’t work.

A Nevada judge dismissed an alternate electors case against six Republicans who had submitted alternate elector certifications disputing the results of the 2020 Presidential election, pointing out that the case was in the wrong jurisdiction.

Alternate electors in states such as MichiganArizona, Georgia, and Wisconsin have either been charged or indicted by grand juries regarding their roles in disputing the results of the 2020 presidential election.

The case is now  past the three year limit and the AG’S only recourse is the US Supreme Court. Winning.

Loading

44
Verified by MonsterInsights