In a 93-page major ruling on Monday, Federal Judge Aileen Cannon dismissed the Classified Documents case against Donald Trump, Waltine Nauta, and Carlos De Oliveira. The issue is that Special Prosecutor Jack Smith was not confirmed by the Senate and therefore his appointment was a breach of the Constitution and its appointments clause. It also violated the Constitution with regard to the Appropriations Clause because the House of Representatives did not have oversight of his spending (to date at least $10 Million). None of that counts the fact that Smith admitted he staged the photographs of “evidence.” Judge Aileen Cannon issued a thoughtful and logical ruling.
“Judge Aileen Cannon granted a defense motion after ruling that Smith, who was not confirmed by the U.S. Senate and was not a U.S. Attorney when appointed, could not lawfully bring the indictment against Trump in federal court… The stunning development came on the first morning of the Republican National Convention (RNC) in Milwaukee, Wisconsin, and will excite an already emotional gathering in the wake of Trump’s attempted assassination Saturday.” Breitbart
Judge Aileen Cannon stated in part:
“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. None of the statutes cited as legal authority for the appointment— 28 U.S.C. §§ 509, 510, 515, 533—gives the Attorney General broad inferior-officer appointing power or bestows upon him the right to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith. Nor do the Special Counsel’s strained statutory
arguments, appeals to inconsistent history, or reliance on out-of-circuit authority persuade otherwise…In the end, it seems the Executive’s growing comfort in appointing “regulatory” special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny. Perhaps this can be traced back to reliance on stray dictum in Nixon that perpetuated in subsequent cases. Perhaps it can be justified practically by the urgency of national crises. Or perhaps it can be explained by the relative infrequency of these types of investigations, by congressional inattention, or by the important roles that special-counsel-like figures have played in our country’s history. Regardless of the explanation, the present Motion requires careful analysis of the statutory landscape to ensure compliance with the Constitution, and the Court has endeavored to do so with care.
The Court thus returns to where it started. The Appointments Clause is “among the significant structural safeguards of the constitutional scheme.” Edmond, 520 U.S. at 659. So too is the Appropriations Clause, which carefully separates Congressional control of the “purse” from Executive control of the “sword.” The Federalist No. 78 (Alexander Hamilton). The consequences of relaxing either of those critical provisions are serious, both in this case and beyond. As Justice Frankfurter explained in his opinion in Youngstown, “[t]he accretion of dangerous power does not come in a day. It does come, however slowly, from the generative force of unchecked disregard of the restrictions that fence in even the most disinterested assertion of authority.” Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 594 (1952) (Frankfurter, J., concurring). “[I]llegitimate and unconstitutional practices get their first footing . . . by silent approaches and slight deviations from legal modes of procedure.” Boyd v. United States, 116 U.S. 616, 635 (1886).” Judge Cannon Ruling
The Aileen Cannon ruling will likely be appealed by the Biden administration, but this will derail the classified docs case again until after November. It also brings into question Smith’s other case of election interference against Trump.
All in all, the cases against President Trump are unraveling as the “lawfare” is revealed. Watch for the wacked out responses by the left; so much for the “tone it down” request.
Will this presidential election be the most important in American history?
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Related:
- Joe Biden Likely to Escape Charges in Classified Documents Case
- Biden’s ‘No Regrets’ Breaks Silence On Mishandled Classified Documents
- Trump Calls His Declassified Documents Case ‘A Giant Scam’ After Biden’s Classified Documents Revealed At D.C. Think Tank
- ‘Did Not Exonerate’ Biden — And Other Spicy Moments From Hur’s Testimony (VIDEO)
- Hillary Email Scandal Explodes: FBI Has Already Found Over 60 Classified Documents
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