It's going to be appealed. Precedent is NOT on Can
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Posted On: 07/15/2024 12:12:19 PM
It's going to be appealed. Precedent is NOT on Cannon's side and none of the other SCOTUS judges joined Thomas in his unsolicited remarks on the matter last month
(CNN) Special counsel Jack Smith told the judge in the classified documents case in Florida that Supreme Court Justice Clarence Thomas’ criticism of his appointment should have no bearing on the criminal case against former President Donald Trump.
In a brief filing Friday, Smith said that Thomas’ writing in the presidential immunity case – in a concurrence that no other justice joined – isn’t binding on US District Judge Aileen Cannon.
Nor does it provide “a sound basis to deviate from the uniform conclusion of all courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” Smith said.
In a filing last week, Trump’s lawyers brought to Cannon’s attention both the Supreme Court’s immunity ruling and the concurrence that Thomas wrote in that dispute. That ruling directly arose out of the election subversion case against Trump in Washington, DC, but may have an impact on all four criminal cases against him.
Trump’s legal team told Cannon that Thomas’ concurrence bolstered the former president’s arguments for dismissing the charges in Florida on the basis that Smith was illegally appointed and that the funding of his office violates the Constitution.
Trump has claimed he’s entitled to presidential immunity and argued the case should be dismissed, despite the fact that almost all of the alleged conduct took place after he left office.
https://www.cnn.com/2024/07/12/politics/jack-...index.html
(CNN) Special counsel Jack Smith told the judge in the classified documents case in Florida that Supreme Court Justice Clarence Thomas’ criticism of his appointment should have no bearing on the criminal case against former President Donald Trump.
In a brief filing Friday, Smith said that Thomas’ writing in the presidential immunity case – in a concurrence that no other justice joined – isn’t binding on US District Judge Aileen Cannon.
Nor does it provide “a sound basis to deviate from the uniform conclusion of all courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” Smith said.
In a filing last week, Trump’s lawyers brought to Cannon’s attention both the Supreme Court’s immunity ruling and the concurrence that Thomas wrote in that dispute. That ruling directly arose out of the election subversion case against Trump in Washington, DC, but may have an impact on all four criminal cases against him.
Trump’s legal team told Cannon that Thomas’ concurrence bolstered the former president’s arguments for dismissing the charges in Florida on the basis that Smith was illegally appointed and that the funding of his office violates the Constitution.
Trump has claimed he’s entitled to presidential immunity and argued the case should be dismissed, despite the fact that almost all of the alleged conduct took place after he left office.
https://www.cnn.com/2024/07/12/politics/jack-...index.html
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