Trump Trial
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With Hemi consoling her.
Special Counsels and the Appointments Clause
Judge Cannon ruled that Mr. Smith’s position was unconstitutional under theappointments clause of the Constitution, which states that Congress can, through law, allow department heads to appoint “inferior” officers.The judge ruled that Mr. Smith was an inferior officer, which requires Congress to authorize the attorney general to appoint him as special counsel, which didn’t happen.
Her ruling pointed to how Congress let the Independent Counsel Act, which allowed the Justice Department to appoint special prosecutors, to expire in 1999. While Mr. Smith pointed to other laws to justify his appointment, Judge Cannon rejected those arguments.
Judge Cannon’s ruling conflicts with a 2019 judgment by the U.S. Court of Appeals for the District of Columbia Circuit, which upheld former special counsel Robert Mueller’s appointment.
The Florida judge also declared his funding illegitimate in her opinion.
“Special Counsel Smith’s office—since November 2022—has been drawing funds from the Treasury without statutory authorization, in violation of the Appropriations Clause,” she wrote.
The appropriations clause reads: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
Judge Cannon said the court “has difficulty seeing how a remedy short of dismissal would cure this substantial separation-of-powers violation, but the answers are not entirely self-evident, and the caselaw is not well developed,” she said.
The ruling is limited to the prosecution of former President Trump in the Southern District of Florida but could be cited in other cases.
Judge’s Dismissal of Classified Document Case Against Trump Explained
Judge Aileen Cannon ruled that the special counsel’s appointment violated the appointments clause of the Constitution.
I don't understand a lot of this, but it seems the Mueller appointment is not the same because he was confirmed by the Senate as an Assistant Attorney General for the Criminal Division.Special Counsels and the Appointments Clause
Judge Cannon ruled that Mr. Smith’s position was unconstitutional under theappointments clause of the Constitution, which states that Congress can, through law, allow department heads to appoint “inferior” officers.
The judge ruled that Mr. Smith was an inferior officer, which requires Congress to authorize the attorney general to appoint him as special counsel, which didn’t happen.
Her ruling pointed to how Congress let the Independent Counsel Act, which allowed the Justice Department to appoint special prosecutors, to expire in 1999. While Mr. Smith pointed to other laws to justify his appointment, Judge Cannon rejected those arguments.
Judge Cannon’s ruling conflicts with a 2019 judgment by the U.S. Court of Appeals for the District of Columbia Circuit, which upheld former special counsel Robert Mueller’s appointment.
The Florida judge also declared his funding illegitimate in her opinion.
“Special Counsel Smith’s office—since November 2022—has been drawing funds from the Treasury without statutory authorization, in violation of the Appropriations Clause,” she wrote.
The appropriations clause reads: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
Judge Cannon said the court “has difficulty seeing how a remedy short of dismissal would cure this substantial separation-of-powers violation, but the answers are not entirely self-evident, and the caselaw is not well developed,” she said.
The ruling is limited to the prosecution of former President Trump in the Southern District of Florida but could be cited in other cases.
Judge’s Dismissal of Classified Document Case Against Trump Explained
Judge Aileen Cannon ruled that the special counsel’s appointment violated the appointments clause of the Constitution.www.theepochtimes.com
Yesterday, President Trump received more good legal news. The Associated Press ran the story headlined, “Appeals court won't hear arguments on Fani Willis' role in Georgia Trump case until after election.”
The first news is that Fani Willis has apparently dyed her hair blue. Or maybe it’s just the lighting. Either way, she has radically changed her hairstyle. Ladies, please tell us what that means. Does that mean Nathan broke up with her, now that he’s not getting a paycheck and enjoying luxury vacations courtesy of Fulton County taxpayers?
But more importantly, Georgia’s Appellate Court has finally set oral arguments in the Fani Willis RICO Case — in December, after the election. Since the case has been stayed pending appeal, there is now zero chance for any movement in the case this year. So, Democrats just lost another chance to injure President Trump before voters cast their ballots in November.
Not only that, but the appeal relates to Judge MacAfee’s decision not to disqualify Fani from the case but ordering her to fire her love puppy, Nathan, instead. There remains a good chance the appellate court could reverse Judge MacAfee, and most legal experts think the case will melt down into legal goo if Fani is finally disqualified.
More progress.
☕️ SLOPED FOREHEAD ☙ Wednesday, July 17, 2024 ☙ C&C NEWS 🦠
Convention news as a new Republican party emerges; RFK gets security and leaks a call with Trump; Vance redeemed by sarcasm and Ukraine article; roundup of major shooting developments; more.
www.coffeeandcovid.com
CPUSA
Well-Known Member
But they were told it was all going to crumble down around them...
They knew it was all lies....
Marxist New York AG Letitia James Threatens SCOTUS, Demands They Don’t Look at Trump’s Sham Hush Money Case
New York Attorney General Letitia James has warned the Supreme Court not to intervene in the sham hush-money case against Donald Trump.
Her warning comes after Missouri Attorney General Andrew Bailey, a Republican, petitioned the Supreme Court for permission to file a complaint against the state of New York that would delay Trump’s September sentencing hearing and lift all his speech restrictions on the case.
Bailey argued that these restrictions represent an infringment on the right of Missourians to hear from prospective presidential candidates.
Appeals Court Deals Blow to Jack Smith in Classified Documents Case
The 11th Circuit Court of Appeals responded to Jack Smith’s bid to appeal Judge Cannon’s decision to dismiss the classified documents case against President Trump.
The appeals court provided a schedule that requires Trump and Jack Smith to file briefs through October, Politico reported.
Jack Smith’s chances of reviving the case will not happen before the election after all the legal briefs are filed and the court hears oral arguments.
Politico reported:
New Details Reveal How Judge Merchan's Daughter Has Ties to Kamala Harris
The letter states, “The Committee on the Judiciary is conducting oversight of politically motivated prosecutions by state and local officials. “At a minimum, there is a perception that you and Authentic Campaigns could profit considerably from President Trump’s prosecution in a forum overseen by your father.”
“Experts have raised substantial concerns with Judge Merchan, your father, refusing to recuse himself from President Trump’s case despite your work on behalf of President Trump’s political adversaries,” the letter continued, adding that Manhattan District Attorney Alvin Bragg’s political persecution against former President Donald Trump was “a convoluted and novel legal theory” used to charge the Republican that officials had already declined to pursue.
This comes after Trump’s legal team submitted an appeal to disqualify Judge Merchan from his New York criminal trial.
The appeal states that the case against Trump was compromised due to the judge’s daughter’s ties to Democratic figures.
Between January 1 and July 1, 2024, Democrats paid the fundraising firm $12.7 million. This is an 86 percent increase from the same time period in 2022, where Merchan only brought in $6.8 million.
Judges Uphold Gag Order on Trump in Hush-Money Case
A five-judge panel of the New York supreme court’s Appellate Division ruled in a three-page decision that the gag order should remain in place until Trump’s sentencing date, tentatively scheduled for September 18, because the case remains pending. The court sided with Judge Juan Merchan, who oversaw the criminal trial, and his decision to keep parts of the gag order in effect until Trump is sentenced.
Merchan partially lifted the restraining order in late June, permitting Trump to openly criticize witnesses and jurors from the case that resulted in his conviction for falsifying business records related to a hush-money payment made to Daniels during his 2016 presidential campaign. Trump pleaded not guilty to the charges.
Merchan’s decision came days before Trump’s debate with President Joe Biden, who has since dropped out of the presidential race to let Vice President Kamala Harris take his place on top of the Democratic ticket.
Trump’s lawyers have argued the gag order was unnecessary and should be dismissed since the trial concluded in late May, but the appeals court disagreed.
The Supreme Court last month 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, according to the Supreme Court.
The case was sent back to the DC Appellate Court after the Supreme Court issued a ruling on presidential immunity.
On Friday, the DC Circuit Court of Appeals sent the case back to Judge Chutkan.
Judge Chutkan, an Obama appointee, will then interpret the Supreme Court’s ruling on presidential immunity.
CBS News reported:
President Trump was also reimbursed $3,000!
www.thegatewaypundit.com
Former presidents are entitled to at least a presumption of immunity for their official acts, according to the Supreme Court.
The case was sent back to the DC Appellate Court after the Supreme Court issued a ruling on presidential immunity.
On Friday, the DC Circuit Court of Appeals sent the case back to Judge Chutkan.
Judge Chutkan, an Obama appointee, will then interpret the Supreme Court’s ruling on presidential immunity.
CBS News reported:
President Trump was also reimbursed $3,000!
Appeals Court Kicks Jack Smith's January 6 Case Back to Judge Chutkan After Supreme Court Immunity Ruling | The Gateway Pundit | by Cristina Laila
Jack Smith’s January 6 case against President Trump is now back with Judge Tanya Chutkan following the Supreme Court’s presidential immunity ruling.
www.thegatewaypundit.com
Judge Chutkan Grants Jack Smith’s Request to Delay Next Steps in Trump’s January 6 Case
The Supreme Court last month 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, according to the Supreme Court.
The case was sent back to the DC Appellate Court after the Supreme Court issued a ruling on presidential immunity.
Judge Tanya Chutkan issued a highly unusual Saturday order last weekend and set a hearing for August 16.
Chutkan was in a rush to get Trump back in her courtroom so he can’t campaign.
Finally, yesterday produced a breaking legal story that was so exciting and so encouraging that I’ll screenshot the headline for you, so you can enjoy seeing it as much as I did. Forbes:
Boom. Yes! Yesterday, President Trump served the DOJ with a notice of claim —a required pre-suit procedure— saying he intends to sue the Department of Justice for $115 million dollars. Trump’s claims include malicious political prosecution and abuse of process.
Forbes’ article dripped with skepticism, pointing out that, since the DOJ gets 180 days to respond, Trump won’t likely file a suit until after the election. And, if Trump wins, Forbes groused, he might be unlikely to sue an agency he controls.
But to me, on the other hand, an agency Trump controls might also quickly settle with him, or it might not put up much of a defense. Either way, I thought it was telling that Forbes imagined Trump’s successful election. In its own article, NBC’s sub-headline was similarly suggestive:
Not only that, but Trump’s case has been buoyed by Judge Cannon’s recent decision to dismiss the Mar-a-Lago raid suit, a magnificent setback for the DOJ, which has appealed the decision. Forbes is hoping against hope. It reported that “other courts” rejected the legal grounds on which Judge Cannon relied, but Forbes ignored Supreme Court Justice Thomas’ lengthy concurrence making those exact same legal arguments.
Trump is an expert at making news despite corporate media’s best efforts to ignore him. Trump’s notice of claim joined the other recent signals that, after three difficult weeks of being the media’s human punching bag, Team Trump has quit playing defense. Now, it’s starting its offense.
Onward and upward!
☕️ HE’S BAAACK ☙ Tuesday, August 13, 2024 ☙ C&C NEWS 🦠
Trump lands back on Twitter and breaks the Internet; FBI digs into Iranian hacking; Mideast war drums continue unrestrained beating; astronauts still marooned; Trump's best lawsuit yet; more.
www.coffeeandcovid.com
Andrew McCarthy: Prepare for Judge Juan Merchan to Sentence Trump to Prison on Sept. 18 – Two Months Before Election
by Jim Hoft Aug. 14, 2024 7:00 pm1474 Comments
Earlier this week, crooked New York Judge Juan Merchan rejected a recusal request for the third time in Trump’s “hush money” case.
The dirty judge’s decision was released to the public on Wednesday.
Judge Merchan’s daughter’s platform made tens of millions of dollars from her father’s case against Trump.
President Trump is STILL under a partial gag order in the case. Can someone please explain how this is legal? And why are Republicans not outraged by this criminal lawfare against the party’s presidential candidate?
In May, Trump was convicted on all 34 felony counts after he was accused of paying porn star Stormy Daniels, AKA Stephanie Clifford, ‘hush payments’ through his then-attorney Michael Cohen in a scheme to silence her and stop the story about their alleged affair from being published in the National Enquirer. For some reason, Trump was charged 34 times for the accounting errors. The misdemeanors were changed to felonies in order to stick it to the former president. The far-left kangaroo court swiftly found him guilty of fake crimes.