With Hemi consoling her.SMC79 must be lying on the floor somewhere, curled up in a fetal position, bawling her eyes out.
SMC79 must be lying on the floor somewhere, curled up in a fetal position, bawling her eyes out.
With Hemi consoling her.
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.
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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
But they were told it was all going to crumble down around them...SMC79 must be lying on the floor somewhere, curled up in a fetal position, bawling her eyes out.
Special counsel Jack Smith’s bid to revive the classified documents case against Donald Trump appears unlikely to be resolved or even argued in court before Election Day.
Smith is appealing U.S. District Judge Aileen Cannon’s decision last week to dismiss the case, in which the former president is charged with hoarding national security secrets at Mar-a-Lago after he left office. The federal court that will hear his appeal — the Atlanta-based 11th Circuit Court of Appeals — laid out a schedule Thursday that requires Smith and Trump to file legal briefs through mid-October.
After all the briefs are in, the court will likely hear oral arguments, with a decision weeks or potentially months after that.
U.S. District Judge Tanya Chutkan has once again taken control over the 2020 election-related prosecution against former President Donald Trump and could soon lay out how the case will move forward in the coming weeks.
The case was sent back to the U.S. Court of Appeals for the District of Columbia Circuit after the Supreme Court ruled in a 6-3 decision that former presidents are immune from prosecution for official acts they took while in office. The three-judge panel at the appeals court level — which previously found that Trump could not be shielded from criminal charges — issued a brief, unsigned order sending the matter back to the district court on Friday.
“It is ordered, on the court’s own motion, that this case be remanded to the district court for further proceedings consistent with the Supreme Court’s opinion,” the D.C. Circuit said.