#AileenCannon dismissed the #indictment on the grounds that #SpecialCounsel#JackSmith was improperly appointed.
Cannon’s ruling is a remarkable win for Trump, whose lawyers have thrown longshot argument after longshot argument to dismiss the case. Other courts have rejected similar arguments to the one that he made in Florida about Smith’s unlawful appointment.
Cannon, found that because Smith had not been named to the post by the president or confirmed by the Senate, his appointment was in violation of the #AppointmentsClause.
Remember in 2005 when people said Brad and Angelina aren't coming to save us? Fucking #GeorgeClooney isn't coming to save us either.
Neither is #JackSmith or the courts or Congress, or cowardly Congress members throwing up the white flag.
We have to do this shit ourselves. We need to vote and get others out to vote. That's the only hope we have.
#SCOTUS is supposed to rule this morning on #Trump’s claim that he is immune from prosecution on charges of trying to overturn the 2020 election.
The decision will determine whether & how special counsel #JackSmith’s case against Trump can proceed — although it’s unlikely a trial would happen before #Election Day. But the ruling could also set an important #precedent for how to prosecute presidents for their actions in office.
#JackSmith might also decide to revise the charges against #Trump to move the case forward — a possibility that #SCOTUS Justice #AmyConeyBarrett raised during oral argument.
If the court rules that Trump cannot be prosecuted for official conduct as president but his private conduct is fair game, Barrett asked, “Is another option for the special counsel to just proceed based on the private conduct & drop the official conduct?”
Smith revealed new #photos in a filing that depict how haphazardly Trump stored #classified materials at his Florida property post-presidency, w/golf shirts stuffed into boxes alongside the sensitive materials, newspaper clippings & other mementos.
Judge #AileenCannon is skeptical that #evidence from #MarALago should be thrown out – she was not receptive to the defense’s complaints about the 2022 search of #Trump’s home.
Her skepticism toward defense was unusual, as a Trump appointee who has issued many favorable rulings toward Trump & has often clashed w/special counsel #JackSmith’s team…
James Pearce, atty for #SpecialCounsel#JackSmith's office, faced questions…on how the investigation into Trump is funded…. Trump's attys have argued that the charges…should be dropped bc Smith was improperly appointed …& the funding…is unconstitutional.
A taste of how #Cannon is treating #JackSmith’s team right now in court, via Katie Phang:
Cannon: But there are legal means to deal with doxxing. So why does there have to be a connection to #Trump?
Harbach: Redactions alone are not sufficient.
Cannon: I don't appreciate your tone. I expect decorum at all times. If you can't, I'm sure one of your colleagues can take over. Let's reset. #legal
Judge #Cannon gave #Trump’s prosecutors a rough reception at today’s hearing on the special counsel’s funding, even doing an on-the-spot line item review of their recent disclosures.
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
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.
#Trump publicly claims, w/o evidence, that #JackSmith is essentially a pawn of President Joe #Biden. But in court his lawyers are making a contrary argument: that Smith’s #independence means he’s operating beyond what #DOJ employees are permitted to do. Trump’s lawyers claim that under the #Constitution only an officer appointed by POTUS & confirmed by the Senate can wield the level of power that Smith has. For decades, special counsels have not been presidentially appointed or Senate-confirmed.
“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