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by RottenApple
Tue Jul 23, 2024 6:14 am
Forum: Off-Topic
Topic: Judge Cannon Dismisses Classified Docs Case Against Trump.
Replies: 12
Views: 1764

Re: Judge Cannon Dismisses Classified Docs Case Against Trump.

puma guy wrote: Mon Jul 22, 2024 9:29 pmThanks for that information. I would have loved seeing his face! BTW How's your dad?
Considering what the family has gone through this month, I guess he's about as well as can be expected.
by RottenApple
Mon Jul 22, 2024 4:16 pm
Forum: Off-Topic
Topic: Judge Cannon Dismisses Classified Docs Case Against Trump.
Replies: 12
Views: 1764

Re: Judge Cannon Dismisses Classified Docs Case Against Trump.

puma guy wrote: Sat Jul 20, 2024 8:38 am He's illegally appointed and appeals? Does he even have standing to appeal? IANAL so I ask stupid questions sometimes.
Great question. According to an attorney at my firm, it has a complicated answer.

Smith is, now, essentially, unemployed. A federal judge has ruled his appointment as special counsel was inappropriate and violated at least 2 separate and distinct parts of the Constitution; The Appointments clause and the Appropriations clause. Smith can file what is essentially an improper termination of employment. Smith should NOT be able to appeal the ruling as he is no longer an employee of the DOJ and/or Special Counsel. I.E. - He lacks standing.

-BUT-

The DOJ can, of course appeal to the 11th Circus, it gets kicked back to Cannon, and works its way up the ladder to SCOTUS. Probably about 6-12 months after President Trump takes office in 2025. Even then it probably won't be decided until sometime in 2026 and\or will be dismissed as moot.

The Biden administration can also try to get Smith confirmed by the Senate as Special Prosecutor. Considering the current makeup of Congress, I don't see this one flying in any way, shape, or form.

The DOJ can also drop Smith, assign a new prosecutor (one actually employed by the DOJ), and start the case from scratch. Which, again, probably won't be decided until sometime in 2026 and\or will be dismissed as moot.

BTW, total side note, but the attorney I was talking to HATES Trump with a passion. Total and complete case of TDS. The whole time he was telling me the above, he looked like he had drank a liter of salted lemon juice. "rlol"

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