Later this morning, Judge #Cannon will hear the second part of #Trump’s challenge of #JackSmith’s constitutional authority to prosecute him — this time, targeting the special counsel’s funding.
Via Roger Parloff, 🪡 unrolled by the Thread Reader App:
Govt's reply last night, asking Judge #Cannon to stop #Trump from claiming that FBI wanted to kill Trump & his family, gives details about Ricky Shiffer’s 2022 attack on an FBI hdqtrs & a more recent threat to an agent working on the Hunter Biden case... #legal#JackSmith
“District Judge Aileen #Cannon appeared skeptical of Donald #Trump’s arguments that #JackSmith’s appointment as special counsel didn’t meet constitutional requirements, but she also displayed what has been a common distrust of the prosecutors during a day-long session Friday..
🤦🏻♀️🙄…Cannon did not say when she would rule on the issue.” #legal
UPDATE from MAL classified docs case hearing today:
Todd Blanche and Emil Bove appearing today on behalf of Trump. Stanley Woodward, Sasha Dadan, and John Irving appearing on behalf of Walt Nauta and Carlos DeOliveira. - No defendants are present in court today.
2/ - Bove argued the statute does not authorize the AG to appoint Special Counsel. - Bove: if the AG appoints a special counsel with the authority of a US Attorney, it "gives the AG the power to appoint a shadow government."
When asked by Cannon about the history of the use of special counsels, independent counsels, and special prosecutors, in some cases dating back to the 1800s, Bove acknowledged that “varied history” but said that “history and practice” cannot overcome the statutory text
3/ - Bove: the purposeful independence of the Special Counsel from the AG renders Smith's appointment unconstitutional, because that independence makes him a “free floating principal officer” rather than an official reporting to the AG. - Bove: Smith does not have “sufficient oversight” of his decision making.
Under persistent questioning from Judge Cannon, prosecutors declined to divulge details & seemed caught off-guard by the inquiries. At one point, Smith dpy James Pearce said he was “not authorized” to discuss the level of communication.
@Nonilex
This isn't an accident, or hypocrisy or even a deliberate lie.
It is Trump's communication strategy for the past 9 years - flood the info space with so much sh!t that the public and media collapse ...and cultists cling to him for answers.
And it has worked. And 9 years later, media still allows him to abuse it.
During the morning session, Judge #Cannon heard argument from #Trump’s defense attorney, Emil Bove. James Pearce argued on behalf of the special counsel’s office.
Cannon grilled both Bove and Pearce on their respective arguments, focusing questions related to textual analysis of the statutes and DOJ regulations under which AG Garland appointed #JackSmith. #legal
HAPPENING NOW: Judge Aileen #Cannon convenes hearing on #Trump's bid to escape classified docs prosecution with claim that #JackSmith's special counsel appointment is unconstitutional #legal
"The judge overseeing former President Donald Trump's classified documents case will hear arguments Friday about whether special counsel Jack Smith should be removed from the prosecution."
When Judge #AileenCannon presides over a hearing on Fri in #Trump’s #ClassifiedDocuments case, she will spend the day considering well-trod arguments about an arcane #legal issue in an unorthodox manner.
The issue that will be discussed…is a motion by the defense to dismiss the charges…on the grounds that #SpecialCounsel#JackSmith was improperly funded & appointed.
“From the start of the investigation into Donald Trump’s mishandling of #ClassifiedDocuments, U.S. District Judge #AileenCannon has seemed inclined to act in favor of the president who appointed her. Now, Cannon might be poised to issue her most audacious ruling yet, on #Trump’s far-fetched bid to have the #indictment#dismissed on the grounds that special counsel #JackSmith’s appointment is constitutionally invalid.
@Nonilex
Is there a reason why a new stolen documents case can not be opened in DC? That is the scene of the original crime. It's also completely mind boggling that Bedminster was not searched when everyone saw the boxes of stolen documents being transported there. Is there a statute of limitations on treason?
JUST IN: Judge #Cannon in the MAL classified #documents case enters a paperless Order directing #Trump to file a Response to Special Counsel #JackSmith’s Motion to Modify Bond Conditions on or before June 14. A Reply, if any, from Smith will be due on or before June 21st.
Clearly, Judge Cannon doesn’t seem to be worried about the safety of the law enforcement officers that have targets on their backs courtesy of Donald Trump’s spreading of lies about the MAL search warrant.
Judge #Cannon is giving #Trump's legal team and the government 12 days to tell her how the SCOTUS decision upholding the CFPB's funding/appointment impacts Trump's claim that #JackSmith was unlawfully appointed and funded...
I think the interest is in comparing the CFPB's funding mechanism with the special counsel's. CFPB is funded directly by the federal reserve rather than appropriations; this mostly prevents congress from using it as a political football. Similarly, the special counsel is funded independently of appropriations. Once again cannon is exceeding her brief chasing down issues that do not exis and is auditioning for appointment to higher court, smiling at each month ticking by.
"Legal experts pan Aileen Cannon's 'outrageous' pro-Trump bias. Judge Cannon has appeared confused by basic legal concepts and indulged the Trump defense team's wildest arguments."