NEW: Judge Cannon has DISMISSED the case against Trump, Nauta & DeOliveira on the grounds that no law exists allowing the appointment of Special Counsel. I imagine this will be immediately appealed to the 11th circuit.
This is based on Thomas’ concurrence in the immunity ruling.
Absolute power corrupts absolutely.
We will discuss on the Jack podcast. https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.672.0_1.pdf
Honestly, Cannon's dismissal of the Trump case may REALLY not help him in the way he wants. And it's a nutty opinion, citing a District case and not the Appellate precedents, ignoring the Hur appointment, and more.
But it may free Hunter Biden!
Some thoughts on today’s order by Judge Cannon dismissing documents case:
Her decision that special counsel regs are unconstitutional conflicts with decisions in every other court to decide the issue;
Dismissal is based on a procedural issue regarding appt of Jack Smith as special counsel, and does not address the merits of the case. It remains a strong case against Trump for stealing government secrets and obstructing the investigation;
Smith can appeal to 11th Circuit, and ask to remove Cannon. But even if reversed, Trump will appeal to SCOTUS, resulting in delay and who knows what outcome;
Or Smith can stand down and allow a US Atty to refile the case;
If new case is filed by US Atty in SDFL, it probably goes to Cannon as a related case;
US Atty could possibly file in DC or even NJ, where some of these acts occurred, and get away fromCannon, though will be accused of judge shopping;
Bottom line, case will not go to trial before election. If Trump is elected, he could have the case dismissed. But if Trump loses election, DOJ has plenty of time to work with. Statute of limitations doesn’t run until 2026.
I say onto the 11th Circuit and SCOTUS, who will decide this case eventually anyway. If DOJ loses on special counsel appt, start over with a US Atty.
This is not about taking down Trump, but is about protecting sensitive government secrets from theft.
Would we let him steal Air Force One? Nope. This is worse.
END.
It sure does.