Federal Judge Dismisses Trump Documents Case, Citing Unconstitutional Standing of Special Counsel

[Webster]

(The Guardian) Judge dismisses classified documents case against Trump
The judge overseeing Donald Trump’s classified documents case has dismissed the case, citing the unlawful appointment of special counsel Jack Smith.

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Judge rules special counsel appointment 'unlawful' in case dismissal
US district judge Aileen Cannon, in dismissing the classified documents criminal case against Donald Trump, ruled that the special counsel, Jack Smith, was unlawfully appointed to his role and did not have the authority to bring the case.

Cannon, who was nominated by Trump, wrote in her ruling: The Clerk is directed to CLOSE this case. Any scheduled hearings are CANCELLED. Any pending motions are DENIED AS MOOT, and any pending deadlines are TERMINATED.

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A Trump-appointed judge in Florida has dismissed the criminal case against Donald Trump that charged him with illegally holding on to classified documents at his Mar-a-Lago resort.

The US district judge Aileen Cannon made the ruling after a hearing in which the former president’s legal team urged her to drop the charges brought by special counsel Jack Smith, and notably, after the supreme court said the president has immunity for official acts.

Trump’s team had argued that he is the victim of selective prosecution and is being targeted by Democrats as he seeks to regain the presidency.

In February, a federal prosecutor said Joe Biden would not face criminal charges for knowingly keeping classified documents at an office and at home after he left the vice-presidency in 2017. Mike Pence, who served as vice-president under Trump, also was investigated but not charged for keeping classified documents at his Indiana home.

Federal prosecutors, who brought a 40-count indictment against Trump, had said his conduct was different.

While Biden and Pence cooperated with investigators, prosecutors alleged Trump discussed lying to those who were trying to recover the documents, and moved the documents around his Mar-a-Lago resort to prevent their discovery.

Some of those documents discussed national security issues including nuclear weapons capabilities and US vulnerability to military attack, according to prosecutors.

 

[MrDawn]

huh.....?

 

[Webster]

huh.....?

As good a counsel as Jack Smith, the question was "was he constitutionally mandated to serve as Special Counsel?" in this case.

Clarence Thomas signaled how he might rule on a challenge to Trump special counsel. Would other justices follow?

A court ruling that dismissed Trump's Mar-a-Lago documents indictment echoed language in a concurring opinion Thomas wrote in the former president's election interference case.

www.nbcnews.com

Justice Thomas in the presidential immunities case hinted at the question in his concurrence and Judge Cannon apparently agreed; the question now is whether Judge Chutkin in the Jan. 6th case will agree with it as well.