The Cannon OpinionPosted By James Brown |
The Cannon OpinionPosted By James Brown |
I agree with much of what your source says. He is quite sure that Smith is a principal officer, and if this is indeed the conclusion on appeal I agree that this is an easy case to dismiss.Originally Posted by Richard DavisHowever I doubt you'll even respond.
The Cannon OpinionPosted By James Brown |
Precisely! I am not sure why Garland appointed special counsel in this case. With Mueller, Barr had to appoint special counsel because otherwise Barr would have been investigating his active boss, which raises all sorts of ethical issues.Originally Posted by Rod Kaufman…The simple solution is for Atty. Gen. Merrick Garland to treat the classified documents case as a crime like any other, one that doesn’t require a special counsel. He can direct a United States attorney to immediately refile the case in federal court, and under Cannon’s reasoning there would be no constitutional problems."
The Cannon OpinionPosted By James Brown |
The LA Times article provides a good counterpoint to Cannon’s opinion. Like I said earlier, judge Cannon approached this case from a very conservative point of view, and thus interpreted the statutes that the DOJ claims authorize Smith’s appointment very narrowly.Originally Posted by Rod Kaufman"Opinion: Judge Aileen Cannon is flat-out wrong, again"
"Judge Aileen Cannon’s stunning ruling dismissing the federal indictment against Donald Trump for mishandling classified documents is just wrong as a matter of constitutional law, but it can be easily overcome."
"Cannon held that it is unconstitutional to have a special counsel appointed by the attorney general to handle a prosecution unless there is a specific law authorizing it. The simple solution is for Atty. Gen. Merrick Garland to treat the classified documents case as a crime like any other, one that doesn’t require a special counsel. He can direct a United States attorney to immediately refile the case in federal court, and under Cannon’s reasoning there would be no constitutional problems."
"From the outset, Cannon, who was appointed to the federal district court bench by Trump, has handled the case in a way that seemed designed to protect him. For example, earlier she ruled that a higher standard had to be met to justify a search warrant for a former president. The federal court of appeals reversed this and said that the same standards apply under the 4th Amendment to everyone."
"Judge Cannon’s decision on Monday is flat-out wrong because it is inconsistent with U.S. Supreme Court precedents and the rulings of many other courts."
https://www.latimes.com/opinion/story/2024-07-15/aileen-cannon-classified-documents-jack-smith-dismissal
For more rational thoughts behind the above opinion continue reading it...
The Cannon OpinionPosted By James Brown |
Why do you keep asking asinine and irrelevant questions, like highlighted above? You can emote about these issues all you want, but I know the determination of whether Smith was a principal officer or an inferior officer under the U.S. Const, Art 2, Sec 2 is a difficult legal question requiring dispassionate analysis. Judge Cannon knows this too and she spent a lot of time on her analysis before determining that Smith is an inferior officer. What I am "good with" has nothing to do with the legal analysis. I am certainly glad you are an unemployed carpenter and not an attorney.Originally Posted by Richard Davis
You state:
He is quite sure that Smith is a principal officer, and if this is indeed the conclusion on appeal I agree that this is an easy case to dismiss.
IF this is the conclusion on appeal??
Don't you find it kind of hard to assert otherwise, with the DOJ acting as if he is not a principal officer?
He wasn't approved by the Senate was he? Seems pretty clear.
After all, Jack Smith filed those writs of certiorari on his own without oversight from Garland and wouldn't he HAVE to be a principal officer in order to do that legally since the court ruled that inferior officers don't have the power to submit writs.
Jack Smith is a private citizen, not an employee of the gov't.
You are fine with Private citizens then being able to prosecute former Presidents are you?
So you think that the next AG under Trump can simply pick a guy out of a law firm somewhere, apply all the powers of a US Attorney and then unleash him to go after Joe Biden?
You're good with that as well?
How much corruption and actions outside the purview of the US Constitution are you willing to allow since you are such a staunch supporter of process?
The Cannon OpinionPosted By James Brown |
No worries Rich, I'm unemployed too. Retired January 31! Also, No anger here. If you want to see genuine unhinged online anger, I'd start with this: https://astromart.com/forums/commentary-careful-read-the-terms-of-service/politics/trump-assassination-attempt?page=1 post #7. Real straight-jacket stuff.Originally Posted by Richard Davis
Really? I'm unemployed am I?
I mean is the best your pea brain mind can come up with every time I strike a nerve with you and set you off into a fit of internal anger?
Did you want my list of customers? LOL
I've said for years now that we need to entice a lawyer to get on this forum to give us all intelligent analysis and insight on current legal issues.
Do you know any?
Does your Bookkeeping amount to being an attorney in your mind?
The Cannon OpinionPosted By James Brown |
Have you read Cannon's opinion? I have, front to back. It may not be correct or upheld on appeal, but it is clearly defensible. Maybe not if one has political blinders on, but legally it is quite defensible.Originally Posted by Rod Kaufman"Former federal prosecutor: Cannon dismissal of Trump documents case ‘simply indefensible"
"Harry Litman, a former U.S. attorney and deputy assistant attorney general, said Monday that Judge Aileen Cannon’s dismissal of the classified documents case against former President Trump is “simply indefensible.”
“As a legal decision by a district court judge, it’s simply indefensible,” Litman told CNN’s Laura Coates Monday evening. “It almost doesn’t make sense to try to talk about it in legal terms. This is, as I said, the first Project 2025 opinion.”
“The principle is only loyalty to Trump,”
"Litman noted how quickly the vow to appeal came but said, “However quickly it is, I think she he’s done full service to Trump,” referring to Cannon, “because the 11th circuit I doubt has time to reverse this before the election.”
“The very best she could have done for him,” he continued. “The 11th circuit ought to reverse it unless, of course, Trump becomes president, in which case, he’ll just say goodbye and order DOJ to stand down.”
https://thehill.com/regulation/court-battles/4774544-former-federal-prosecutor-donald-trump-classified-documents-dismissal-of-trump-documents-case-indefensible/
The bottom line justice denied...
Biden has covidPosted By James Brown |
With any luck, the Democrat VP will be whomever Harris or Biden's other successor selects. I am sure Biden will recover quickly from covid, but if this gives him cover to drop out, I'll be happy.Originally Posted by Maurice ClarkHi All,
President Biden has pulled out of a scheduled appearance in Las Vegas after testing positive to COVID-19.
pulled out of a scheduled appearance in Las Vegas after testing positive to COVID-19
Although the White House is saying his symptoms are "mild", I wonder if this could give him the cover to drop out of the race?
Meanwhile, Vance has refused an invite to a debate with Harris on 13 August saying, "We don't know who the Democrat nominee for vice-president is going to be, so we can't lock in a date before their convention."
Maurice
Senator Ron Johnson At RNC: "Dems A Clear & Present Danger"Posted By James Brown |
Vance says he changed his mind after seeing the policies Trump implemented. This is along the lines of what Richard and Greg say too. I have no problem with this line of thinking. Still not planning on voting for Trump though! JOriginally Posted by Jim Moscheck
I guess a political flip flopper isn't a bad thing anymore. Attention spans and long term memory are not what they used to be either.
To watch that parade of former rivals helping praise last night on a guy who has said reprehensible things about all of them or their family was interesting, to say the least. Not to mention all the negative things JD Vance and the others have said about trump.
Biden has covidPosted By James Brown |
This is the first thing Adam Schiff and I have agreed on!Originally Posted by Jim MoscheckI heard Adam Schiff has called for him to step down. If he does this could be one wild ride the next few months.
