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Paladin wrote: Mon Jul 15, 2024 10:16 am This case was always completely bogus and even if it wasn't would have been impossible to get a conviction on against a former president who had the ability to declassify such documents. Glad to see it got tossed.

puma guy wrote: Mon Jul 15, 2024 10:33 am

Paladin wrote: Mon Jul 15, 2024 10:16 am This case was always completely bogus and even if it wasn't would have been impossible to get a conviction on against a former president who had the ability to declassify such documents. Glad to see it got tossed.

Smith can appeal, but what would be the timeline going through that process and if Trump is elected it would them be moot since he couldn't be prosecuted as a sitting POTUS? BUT Jack Smith is a rabid pit bull and going quietly into the night is not his nature. He's been over turned time and again in his prosecutions, though. It will be interesting to see if the pit bull is put down for good on this case.

puma guy wrote: Mon Jul 15, 2024 10:33 am

Paladin wrote: Mon Jul 15, 2024 10:16 am This case was always completely bogus and even if it wasn't would have been impossible to get a conviction on against a former president who had the ability to declassify such documents. Glad to see it got tossed.

Smith can appeal, but what would be the timeline going through that process and if Trump is elected it would them be moot since he couldn't be prosecuted as a sitting POTUS? BUT Jack Smith is a rabid pit bull and going quietly into the night is not his nature. He's been over turned time and again in his prosecutions, though. It will be interesting to see if the pit bull is put down for good on this case.

Grayling813 wrote: Thu Jul 18, 2024 9:21 am Jack Smith has appealed Judge Cannon's dismissal to the 11th Circuit Court. It's not over yet.

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puma guy wrote: Sat Jul 20, 2024 8:38 am He's illegally appointed and appeals? Does he even have standing to appeal? IANAL so I ask stupid questions sometimes.

RottenApple wrote: Mon Jul 22, 2024 4:16 pm

puma guy wrote: Sat Jul 20, 2024 8:38 am He's illegally appointed and appeals? Does he even have standing to appeal? IANAL so I ask stupid questions sometimes.

Great question. According to an attorney at my firm, it has a complicated answer.

Smith is, now, essentially, unemployed. A federal judge has ruled his appointment as special counsel was inappropriate and violated at least 2 separate and distinct parts of the Constitution; The Appointments clause and the Appropriations clause. Smith can file what is essentially an improper termination of employment. Smith should NOT be able to appeal the ruling as he is no longer an employee of the DOJ and/or Special Counsel. I.E. - He lacks standing.

-BUT-

The DOJ can, of course appeal to the 11th Circus, it gets kicked back to Cannon, and works its way up the ladder to SCOTUS. Probably about 6-12 months after President Trump takes office in 2025. Even then it probably won't be decided until sometime in 2026 and\or will be dismissed as moot.

The Biden administration can also try to get Smith confirmed by the Senate as Special Prosecutor. Considering the current makeup of Congress, I don't see this one flying in any way, shape, or form.

The DOJ can also drop Smith, assign a new prosecutor (one actually employed by the DOJ), and start the case from scratch. Which, again, probably won't be decided until sometime in 2026 and\or will be dismissed as moot.

BTW, total side note, but the attorney I was talking to HATES Trump with a passion. Total and complete case of TDS. The whole time he was telling me the above, he looked like he had drank a liter of salted lemon juice.

puma guy wrote: Mon Jul 22, 2024 9:29 pmThanks for that information. I would have loved seeing his face! BTW How's your dad?

RottenApple wrote: Tue Jul 23, 2024 6:14 am

puma guy wrote: Mon Jul 22, 2024 9:29 pmThanks for that information. I would have loved seeing his face! BTW How's your dad?

Considering what the family has gone through this month, I guess he's about as well as can be expected.