Cannon Dismisses Trump’s Document Case

[HisArpy]

The question becomes when the DoJ will refile. It sounds like they were already preparing for such a ruling and investigated methods to move forward.

They'll have to get a new indictment first. The current indictment is from a grand jury empaneled by Smith who had no power to do so.

Then there's the question on whether the DOJ has the authority to prosecute given the recent Presidential immunity decision. I would think that determining who can have classified documents falls under the core duties of the President and thus Trump would have absolute immunity for ordering the docs moved to Mar A Lago and him retaining possession of them.

 

[HisArpy]

It can be appealed to the 11th Circuit Court and on to the Supreme Court, Smith can ask that Cannon be removed, the case can be filed elsewhere.

It can be appealed. It can't be filed elsewhere because of jurisdiction rules.

 

[ll74]

They'll have to get a new indictment first. The current indictment is from a grand jury empaneled by Smith who had no power to do so.

Then there's the question on whether the DOJ has the authority to prosecute given the recent Presidential immunity decision. I would think that determining who can have classified documents falls under the core duties of the President and thus Trump would have absolute immunity for ordering the docs moved to Mar A Lago and him retaining possession of them.

I anticipate the wheels are already in motion.

And yes, the immunity question would need to be reviewed.

 

[ExxWhyZee]

He got the best that money can buy. Pigs at a trough.

Would you say the same thing about the black thug?In Georgia and the black thug in New York, who are beholden to the democrats and Soros.No, you wouldn't why?Because you're a degenerate

 

[TandT69]

Just another FAILED attempt to bring the KING down by the communist left! It doesnt matter what they do NOTHING CAN STOP WHATS COMING! WWG1WGA

 

[butters]

A judge on Monday dismissed the federal indictment against former president Donald Trump on charges of mishandling classified documents — his second seismic legal victory in less than a month, following a historic win before the Supreme Court.

U.S. District Judge Aileen M. Cannon’s 93-page ruling that special counsel Jack Smith was improperly appointed is a triumph for Trump, even if it is eventually reversed on appeal. Trump’s lawyers have attempted long-shot argument after long-shot argument to dismiss the case before this gambit succeeded far beyond expectations. Other courts have rejected arguments similar to the one that Trump’s team made in Florida about the legality of Smith’s appointment.

https://www.msn.com/en-us/news/poli...p&cvid=ded55d1c52fc4443b1fd1191148546e6&ei=11

it needs appealing, it needs re-prosecuting. how much evidence was there? if that wasn't enough then trump was, indeed, correct when he said he could walk down the 5th and shoot someone and not get any blowback. this is the future if people don't stop him come november.

i hope cannon's decisions get her in the shit, too, because she clearly is incapable.

 

[siobhancan99]

It can be appealed to the 11th Circuit Court and on to the Supreme Court, Smith can ask that Cannon be removed, the case can be filed elsewhere.

I'm not sure it can be refiled. There's a real question of whether or not jeopardy attached, and if it has then the dismissal on these grounds would implicate jeopardy. Generally speaking, where prosecutorial misconduct is the reason for a mistrial or dismissal at a stage where jeopardy attaches, the charges cannot be refiled. This can, however, be appealed and I doubt the 11th circuit is up for her bullshit. Expect to see a swift reversal.

Edit: If no jury empaneled or witness sworn, jeopardy does not attach so actually probably can refile.

 

[censurat]

i hope cannon's decisions get her in the shit, too, because she clearly is incapable.

because YOU dont like teh decision

 

[adrina]

Just another FAILED attempt to bring the KING down by the communist left! It doesnt matter what they do NOTHING CAN STOP WHATS COMING! WWG1WGA

America has no kings you piece of anti American shit.

 

[censurat]

General Mike Flynn

@GenFlynn
Subscribe

BREAKING: Given the recent decision by Judge Cannon regarding prosecutor Jack Smith’s “classified documents” case, the following can now be stated. 1. A filed whistleblower complaint has Smith and other members close to him inside the DOJ under serious investigation by the DOJ OIG (yes, there are some good guys—but we’ll see). 2. Deposed witnesses (part of this WB complaint) have been offered massive bribes to back off their statements (by apparently Americans—to be named later). The bribes are north of $25M (you read that right). 3. I am told Judge Cannon had either requested or received a copy of this whistleblower complaint (I have zero idea if she actually received it or read it), but this is some of the information I’ve been made aware of.4. This has been an ongoing investigation for well over a year now led by very credible investigators and the public whistleblower complaint was posted back in DEC (go find it). 5. This has been pressed very hard thanks to
@PatrickByrne
(w/out his patience and support), the investigation and the legal and very public filing would not have occurred. 6. Be prepared for more on this very serious case which stands in history to be one of the most egregious abuses of authority within the department of justice (if the truth plays out here, the 2nd and 3rd order effects could very well prove to be stunning to America’s national security).7. The media hasn’t covered one iota of this (no surprise here).For America to move forward, the rot must be removed and the corruption must be publicly called out and eliminated. More to follow.

 

[censurat]

America has no kings you piece of anti American shit.

Its a figure of speech you Anti American Shit

You know that

You are so full of hate its pathetic

 

[adrina]

Its a figure of speech you Anti American Shit

You know that

You are so full of hate its pathetic

Says the one who cheers on the destruction of our country because you think it owns the libs.

 

[Rightguide]

The 11th Circuit has not been kind to Cannon.

Take note that any appeal to the 11th Circuit will wind up in front of Justice Thomas who supervises the 11th Circuit and who wrote the concurring decision that contained the legal points on Jack Smith's appointment that Judge Cannon used to dismiss the case.

 

[censurat]

Says the one who cheers on the destruction of our country because you think it owns the libs.

I cheer the destruction of the WOKE and LIB crowd.....and AntiFa and BLM crowd....and I hope Trump sends the military after them

 

[HisArpy]

https://www.msn.com/en-us/news/poli...p&cvid=ded55d1c52fc4443b1fd1191148546e6&ei=11

it needs appealing, it needs re-prosecuting. how much evidence was there? if that wasn't enough then trump was, indeed, correct when he said he could walk down the 5th and shoot someone and not get any blowback. this is the future if people don't stop him come november.

i hope cannon's decisions get her in the shit, too, because she clearly is incapable.

Immunity means immunity. No one is above the law either. Which means that Smith BROKE the law when he brought this prosecution and Garland also BROKE THE LAW when he appointed Smith.

That's where it stands right now and yet here you are advocating that immunity doesn't mean immunity and that Smith/Garland are above the law.

Which is fucking stupid.

 

[Bn2f]

Immunity means immunity. No one is above the law either. Which means that Smith BROKE the law when he brought this prosecution and Garland also BROKE THE LAW when he appointed Smith.

That's where it stands right now and yet here you are advocating that immunity doesn't mean immunity and that Smith/Garland are above the law.

Which is fucking stupid.

STFU.
There is yet another example in the post right above you that you AGAIN are able to put your blinders on and conveniently ignore.
GFY.

 

[RobDownSouth]

They'll have to get a new indictment first. The current indictment is from a grand jury empaneled by Smith who had no power to do so.

"no power to do so"?
Pfft.
The courts have repeatedly disagreed with your specious conjecture.

You and "Judge" Cannon are twisting alone in the breeze.

 

[RobDownSouth]

STFU.
There is yet another example in the post right above you that you AGAIN are able to put your blinders on and conveniently ignore.
GFY.

Ignorance is HisArpian Bliss.

 

[Bn2f]

View attachment 2365771

 

[HisArpy]

"no power to do so"?
Pfft.
The courts have repeatedly disagreed with your specious conjecture.

You and "Judge" Cannon are twisting alone in the breeze.

So, Cannon's decision is wrong because you're certain that the appeals court will reverse it?

Meanwhile both NY cases are good as is because Trump was found guilty?

What about the appeal in those cases? Aren't they just as likely as an appeal in Cannon's case and therefore the NY decisions cannot be counted on?

There's more waffle in that than Waffle House has on their entire menu.

 

[butters]

"Judge Cannon dismissed decades of institutional precedent, years of recent rulings on Mueller and Smith, and pretty much the entire premise of the special counsel regulations. Her ultimate complaint? Jack Smith is TOO independent," wrote Bradley P. Moss, a national security lawyer.

Cannon, responding to the Supreme Court's earlier decision to grant Trump immunity over "official acts," had earlier this month approved the former president's request to once again delay the trial so that the high court's ruling could be evaluated. In a concurrence with that ruling, Justice Clarence Thomas had written that special counsel Smith's appointment violated the law; Cannon proceeded to cite Thomas three times in her own ruling.

Thomas voted with the Supreme Court's 6-3 right-wing majority in favor of Trump, but he was the only judge to raise the repeatedly-rejected argument that the Constitution's appointments clause prohibits special counsels. According to some legal experts, the reliance on Thomas' opinion and the apparent flimsiness of Cannon's ruling gives Smith an opening to appeal the decision and seek a different judge to oversee the case.

trump's promised her a place on the SCOTUS bench

Smith can appeal to the 11th Circuit and seek a reassignment on remand, but even if the Supreme Court gets involved, former federal prosecutor Renato Mariotti noted that "Judge Cannon’s ruling, which would invalidate the appointment of any special counsel, is unlikely to get five votes in the Supreme Court."

https://www.msn.com/en-us/news/poli...tp&cvid=b242ff6e15c843d98e96a1e2d566a0d6&ei=9

 

[LLCox]

One appeal coming up.

I assume that puts Cannon's court out in the future when reversed.

 

[butters]

seems to me that cannon chose this specific moment to release the news of dismissing this case—so it surfs the swell of sympathy for the former president-turned-convicted-felon and garners the least public resistance

 

[HisArpy]

I assume that puts Cannon's court out in the future when reversed.

If it's reversed on appeal, the case will be remanded back to Cannon's courtroom. Smith can at that point take up the recusal motion but a reversal isn't a sufficient basis for recusal.

 

[HisArpy]

"no power to do so"?
Pfft.
The courts have repeatedly disagreed with your specious conjecture.

You and "Judge" Cannon are twisting alone in the breeze.

Except there's that pesky SCOTUS concurrence which proves you completely wrong.

Imagine that. You, wrong, again...