Judge Cannon dismissed Documents case - unlawful appointment

The liberal DC Circuit Court of Appeals has allowed "special prosecutors" appointed under regulation to be legal.   The DC Court of Appeals also allowed dozens of men to be locked up for years under an Enron law that was struck down by the Supreme Court.  The DC Court of Appeals also ruled (in an expedited manner) that President Trump didn't have immunity, and then they refused an en banc appeal.  Of course, we know that the Supreme Court reversed them on that as well.  Also note, during the ruling noting that the President has immunity for official acts, Justice Thomas not only concurred but wrote an opinion concluding exactly what Judge Cannon stated.

For the 11th Circuit, the case has never been heard at the appellate level.  I've only read part of her 93 page order, so I'm not going to comment too much, but I'll note that besides Justice Thomas's opinion, the court has been reigning in the power of bureaucrats to create new laws.  There's been several cases that have been issued over the last few years, for example striking down EPA or BATF regulations, simple because the laws they cited for their regulations didn't authorize them  to do so. 

Judge Cannon not on noted, like Justice Thomas did, that Congress intended to let the Special Counsel law expire without renewing it, but never authorized the funding that AG Garland is using.   When Janet Reno first promulgated her regulation, she didn't even bother going through the legal regulation process of putting the regulation out for public review (another legal requirement for regulations) prior to issuing it.   

Hence, just because the DC Courts have allowed "special prosecutors" like Jack Smith (who is simply a "private citizen," not an Officer of the United States, in the eyes of the court, as he was never nominated by the President nor confirmed by the Senate) to act illegally in the past doesn't mean it should be allowed to happen in the future.  AG Garland could have assigned one of his Assistant District Attorney Generals in Florida to handle the indictment, and the action would have been legal.  However, he chose not to for political reasons.

Judge Cannon was smart in that she only dismissed the indictment in her jurisdiction, not the office completely.  That means the case has to go to the 11th Circuit, and not bypassed to the DC Court of Appeals.  While the 11th Circuit Court of Appeals may reverse Judge Cannon, the Supreme Court will get the last word.  I suspect she'll be upheld based upon rulings of the Court, such as the recent Chevron ruling, not to mention Justice Thomas's ruling.  BTW -- IIRC, Justice Thomas is the Supervising Justice for the 11th Circuit right now.  

An excellent discussion and explanation by former US Attorney Andy McCarthy and Law Professor Jonathon Turley about Judge Cannon's ruling today.  Jack Smith and the "special counsel" regulation are toast.

Her ruling applied only to Trump's case in Florida.  If  (when) SCOTUS kills the special counsel regulation, then anyone convicted by Mueller's team of 19 angry Democrats would have grounds to get their conviction overturned.  

They haven't known for a very long time!

  Maybe we need to find that camp for you, after all!  We'll make sure the walls are padded.

Judge Cannon referenced the CONSTITUTION in her decision and showed where the Appointments Clause was violated by Garland and the Biden Administration but what do you care about facts?  It's probably more fun, for you, to be a whiny bitch than someone who knows WTF they are talking about

There was nothing gratuitous or irrelevant about the concurrence opinion authored by Justice Thomas.  Former Attorney General Ed Meese and others wrote their Amicus Brief and submitted it to the Supreme Court in the Presidential Immunity case.  Justice Thomas actually raised the question to Trump's attorney, who said that they hadn't raised it yet in the Washington DC Court, but agreed with the theory and were pursuing it in the Florida case. 

The Supreme Court should actually could have considered Ed Meese's amicus brief prior to the immunity ruling, as it would be about whether the Special Counsel even had standing to challenge Trump's appeal.  I'm glad that the SCOTUS didn't kick out his appeal on a technicality (standing), but did clarify forever that a President (like Judges and Congressman) have immunity for Presidential Acts.   

We'll see what the 11th Circuit does, especially since it's the first time that a Supreme Court justice has weighed in on the matter (although clearly it was one Justice, not a binding decision).  The Biden regime can and likely will continue their lawfare, which is their entire goal -- stop President Trump from running by whatever means possible.  They've arrested him, indicted him, tried him, convicted him, and now (whether through malfeasance or intentional) allowed him to be shot. 

Don't be surprised that, while pending the Special Counsel's appeal, the corrupt AG has Trump indicted by the US Attorney for Florida, starting the case again.  Judge Cannon's motion didn't dismiss the indictment with prejudice, so the charges can be filed again.  Of course, that raises all kinds of issues, such as the fruit of the poisonous tree and whether a trial can happen before the election, but that's a different issue.  It would also remove the political cover and fake posturing that Biden isn't trying to imprison the opposition political candidate that he can't legitimately defeat.


“We just have to demonstrate that he will not take power if he does run, making sure he — under legitimate efforts of our Constitution — does not become the next president again.” -- Joseph Biden