Judge Cannon dismisses case against Trump

Good day all. The first case against President Trump brought by Jack Smith has just gone down in flames. Judge Aileen Cannon has just dismissed it entirely.

This is the case created out of whole cloth by the weaponized DoJ regarding the documents in Mar-a-lago taken by the FBI during their infamous panty raid on Melania Trump’s underwear drawer. I won’t bother going the details of all that, you can search this site if you choose. What is interesting is what Judge Cannon said in her order. Here are those details from Fox News:

“Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order,” U.S. District Judge Aileen Cannon wrote in a Monday ruling. “The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”

The question of Smith’s appointment first came up late last year when former Attorney General Edwin Meese and several other lawyers filed an amicus brief with the Supreme Court questioning the legality of Smith’s appointment. It was recently mentioned by Justice Thomas in a post I made today.

The Appointments Clause says, “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments.” Smith, however, was never confirmed by the Senate.

That was the issue. The other special counsels, most recently Robert Hur, had all gone through senate confirmation. With Smith, Merrick Garland just gave him a budget and told him to “Get Trump!” There was no confirmation of his appointment by the Senate.

“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme – the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” Cannon wrote. 

I have a suspicion that Judge Cannon was also reading the remarks by Justice Thomas. Then there was the assassination attempt against President Trump this weekend. While I suspect most of Judge Cannon’s ruling was already written, she hasn’t been blind to what has been going on with the Democrats basically calling for Trump to be murdered.

This is the first of the two federal cases against President Trump. The other is another bogus case currently in the 4^th Circuit and being handled by an Obama judge, Tanya Chutkin. It will be interesting to see how she rules now. She has already put a hold on the case due to the immunity claim, now judged by the Supreme Court to be in effect. Add to this Judge Cannon’s declaration that Smith was illegally appointed?

This is yet another big win for President Trump and yet another dismal failure by the Democrats. Next should be the collapse of Smith’s other case and then serious questions raised about his appointment and Garland’s apparent contempt for the Constitution. I’m sure the Democrats are still counting on Juan Merchan and his kangaroo court, but I think even he knows it’s all over and that he may throw out the verdict. (Mostly to save his own skin. He’s facing some serious legal issues of his own over this case)

I expect the usual suspects to go off the deep end yet again. We’ve seen that they’ve learned nothing from what happened Saturday. That will be dealt with of course, in a lawful manner. I do wonder how all the other cases Smith has brought against President Trump’s people are going to be handled? This declaration that Smith was illegally appointed affects them as well I believe. We shall see of course.

Thatisall

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