Judge Aileen Cannon has dismissed the classified documents case against President Trump that was brought by Special Counsel Jack Smith. Using a similar argument recently included by Supreme Court Justice Clarence Thomas, Judge Cannon has dismissed the case as an unconstitutional lawfare attack. The Lawfare community, writ large, is apoplectic.
In her ruling [SEE HERE] Judge Cannon ruled the appointment of Smith was not constitutional. “The Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme — the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” Cannon wrote.
“At most, the history reflects an ad hoc, inconsistent practice of naming prosecutors from both inside and outside of government (typically in response to national scandal) who possessed wildly variant degrees of power and autonomy. The lack of consistency makes it near impossible to draw any meaningful conclusions about Congress’s approval of modern special counsels like Special Counsel Smith,” she wrote.
The malevolent forces of the deep state have suffered a tremendous defeat, and the demons are shrieking.
The Washington Post, representing the interests of the U.S. Intelligence Community who fully supported the Lawfare attack, writes:
WASHINGTON – The Justice Department is highly likely to appeal the decision, and the issue may eventually reach the Supreme Court. By dismissing the entire indictment, Cannon’s decision also means that the charges are dropped for Trump’s two co-defendants, Waltine “Walt” Nauta and Carlos De Oliveira.
Even if Cannon’s ruling is eventually overruled, the decision to dismiss Trump’s indictment adds to a string of legal victories for him in recent weeks, including a sweeping Supreme Court ruling July 1 that gives former presidents broad immunity for their official acts while in office.
At the Justice Department, Attorney General Merrick Garland declined to comment on the ruling. A spokesman for Smith did not immediately comment.
On social media, Trump said Monday’s dismissal “should be just the first step” and that the rest of the criminal and civil cases against him also should be tossed out of court. He accused Democrats of conspiring against him to bring those cases, a claim that has been repeatedly denied by federal, state, and local officials. (read more)




The snakes are coiled in the corner waiting for their opportunity to strike…
The worst scum-bag prosecutor in history loses another one.
Is it too early to ask JD to send in the Marines to pick up Garland and Smith for safekeeping ?
Asking for a friend.
Trust God. Fear not.
The snakes are getting ready to have a two ton sledge hammer dropped on them.
Time to indict Smith for wasting 24 million dollars on an illegal case for which he had no jurisdiction?
Step Back, Jack.
Add Mueller as a defendant also.
And Garland.
Speaking of which, where’s that contempt vote?
Weissman and others were key staff in BOTH witch-hunts.
18 U.S.C. Section 241, Conspiracy Against Rights, he gets them alllllllll
18 U.S.C. Section 242, Deprivation of Rights under Color of Law, he gets them all…all the way up to braindead.
The lawfare boomerang in spades.
Now they have to really take him out, plane crash, ??????
Wouldn’t that also include Merry Garland???
So can you screwed American taxpayers ask or your ney back?
A refund!
He should have to return his salary and expenses.
Well, well, well . . .
Br’er Rabbit has emerged, alive if a little nicked up in one ear, from the briar patch.
He’s munching on a couple hundred million carats, and he’s suddenly carrying two bazookas named “You’re Fired” and “I’m going to Prosecute You All and You Can’t Impeach Me For It.”
He’s got a crossbow strapped across his back that is labeled “Sole Constitutional Holder of the Power of Communication With Foreign Countries.”
(Mighty handy in a Sovereign Alliance era, huh?)
And he’s really, really righteously angry.
Glory be to God.
*I’m usually cautious about making predictions but I will note I did predict precisely this sequence of rulings, a couple of months ago. It’s been a long 8 years, so it’s nice to get one right from time to time. Stay positive!
Go Br’er Rabbit go!
Carats!! 😂
Perfect.
ORANGE MAN GREAT!!
…God[,] and peace to his people on earth!
Just watch all the pols that are so anti Trump retire when he takes office. Hopefully the retire part doesn’t excuse their wrong!
Yes, don’t you just love how the media spins it? These super wealthy robber barons can exit stage left -no questions asked- and we assume that is their punishment?
Poor things. They had to escape the good life!
I dunno. Maybe they would have liked to fleece us for a bit longer, that’s true, but it sure seems like a comfy retirement to me!
Where is the down side aka the deterrent? Can they be prosecuted ..and forced to fund their own defense.. as civilians?
“Br’er Rabbit has emerged alive, if a little nicked up in one ear, from the briar patch.”
A call out to someone; please make a bumper sicker with that phrase on it!
Anyone care to equate someone to ol’ Br’er Fox?
I have two stickers on my car. One is the US flag. The other says God Bless America. I would like to add a ‘fist’ next to the flag. Any enterprising stores out there where I can buy one from?
Great picture of Jack Smith.
Dracula’s son, from Hammer studios…IMO
Looks like somebody has a case of the sads………
I’ve always thought that Cannon would make a nice replacement for Sotomayor.
A Judge that is considered, deliberate, and non-temperamental (looking at you Marchan), imagine it.
J
From your keyboard fingers to God’s terminal.
With the case dismissed, lawfare has won. The next Headline: Trump guilty but trial dismissed on technicality.
Remember: it’s not the verdict they are after, it’s the ability to continue the smear.
I know what youre saying but Im not sure youre right. Most people can see the deluge of cases against Trump are not a coincidence and highly political in nature. In light of that Lawfare has failed. Yes the true believers bought it but theyre a minority.
I don’t see this as lawfare winning. The ruling clearly states the administration (DOJ) violated the constitution. Easy to say he was never found guilty, the DOJ violated the constitution, and frankly if it goes to trial there are still issues such as spoilage of evidence and prosecutorial misconduct.
The court of public opinion, more informed than ever, at least on the MAGA side, has already judged the charges as specious and damning of those that brought them, a dismissal on a “mere” technicality of violaton of the Constitution on top of sagacious discernment is significant and damning; no spin will erase the stain of perfidy the MalAdministration brought upon itself with these Lawfare assaults.
History will not look kindly upon Jacksputin, the Mad Monk of Mendacity, nor of the despots he served.
If it hadn’t failed, then no Saturday-day ‘massacre.’
yeah, but who is left that still believes them? they have lost from almost every demographic out there.
The Supreme Court totally exonerated President Trump several days ago.
Some here are still a little slow on the uptake, which is totally understandable.
Been a rather busy news cycle of late.
Trust God. Fear not.
You’re missing the big picture that all of America sees – another bogus, lawfare case against Trump tossed. The “headlines” have long since lost any credibility.
To quote the GREAT Sundance. “They are BIG MAD.” LMFAO!!!
Look at that photo of Jack Smith, looks like Satan.
Jacksputin, the Mad Monk of Mendacity.
Looks like he just realized he did a Biden in his pants.
So much apoplexy — and Mickey too.
More please.
So let it be said.
So let it be done.
is there a ‘double’ mickey?
Sundance holds the Double Mickey in reserve for special occasions, but he is ever lurking awaiting his time to shine.
The Double Mickey – hahahaha! That’s great!
He’s real, and he’s spectacularly pissed off!
I never wish hardship on anyone, but when someone works so hard to acquire TDS, they should enjoy the consequences of their efforts.
Judge Cannon would be a great judge to replace soto-somebody on SCOTUS.
Smith probably has Out of Order in place of his eyeballs like some old-timey cartoon.
PDJT!!! Always comes out a winner because he’s doing it for us!
I think President Trump is actually doing it for the glory of God. We are a nation founded upon God’s will, and so by extension we benefit.
God’s will is why his mission to make America great again has been so successful. Luciferians are playing on the wrong team, as they will soon find out.
Does this ruling effect Smiths other cases.
Bet it will.
All their defects are blowing up.
His illegitimacy has reached critical mass.
probably goes without saying, but this Jack Smith guy is probably an insufferable prick as a person. We all know people just like him in our own worlds.
Also, Judge Cannon might be on the lookout for 20YO kids running around the neighborhood with ladders and rifle cases……
People that value freedom, our Constitution, and the rule of law owe her all the protection God himself could provide.
Poison fruit of the Granny Smith Apple tree. Arrest this fraud and keep him in jail until his case is developed.
i wander with smith being a private citizen this whole time if he would be able to be sued by trump for domestic terrorism ect.
That’s a concept I find very interesting.
The Democrats are now on suicide watch!
Is there safe haven for those who plot to destroy humanity and the free world? Perhaps Macron or Twinkle Sox can take them in?
A few of the liberal pundits are saying that Jacko should appeal to the 11th Circuit, but Justice Thomas fired a shot across their bows warning them of an immediate reversal if they tried to flout his opinion and ignore the Constitution.
saw an article the other day that basically said if this case was dismissed because of smith not having standing,that they would use the u.s. attorney in florida to refile the charges.BUT if this is the case would they not have to rule out all the files that were tainted?fruit of poisonous tree!if so then there isn’t much of a case.i wish cannon would have dismissed with predjudice.
She chewed them up so hard they have nothing left to file but double microfine shredded paper resembling the dust Trump shook off his shoes the last time he faced Jacksputin.
They have neither the time nor the credibility to attempt a reattack, it is finished.
Smith is now officially Cannon fodder 🤣🤣
Robert Barnes says he is OK. Im not onboard with all of what Barnes says, but he does know inside stuff that I don’t. So I’m fine with it.
“Our so-called leaders speak
With words they try to jail you
They subjugate the meek
But it’s the rhetoric of failure”
Always wondered how garland brought someone who was apparently living in the Netherlands to prosecute PDJT. Never made sense to me.
Well it’s official Jacks off! How fitting.
They forgot Obama’s admonition to do everything “by the book”. They mistook the Constitution for “just a piece of paper”.
I assume B Hussein Obola was referring to Rules for Radicals.
Praise God. A woman and a judge of excellence. And if Smith is illegitimate, his other capers also must go down in flames.
I like the ring of “Justice Cannon”.
I’m very disappointed with FOX and Newsmax in their lack of reporting this afternoon on this story. This is a bigger story than picking JD Vance. Even sites like RedState have little coverage.
MSM
This is exactly what happens when they don’t receive their 4am mockingbird ENEmedia talking points. Assuming Trump would be either dead or in jail, they had nothing else to fall back on.
Same thing happened on election night 2016 and the days after. There wasn’t one front page headline about Trump winning the presidency, because they were so certain it could never happen.
And when it did, they were SO enraged they simply refused to accept or report it. No endless, gushing headlines splashing newsstands for weeks. No biographies or movies. No glossy magazine interviews with our lovely First Lady.
NADA. CRICKETS.
Like in Hunger Games, people are starting to glimpse the shimmering matrix that is the fake news bubble. And it’s about to burst.
Judge Cannon’s decision states that the Florida documents case cannot be revived by placing it in the hands of an appropriately appointed U.S. Attorney. The following is a quote from her decision:
Special Counsel Smith has been exercising “power that [he] did not lawfully possess.” Collins, 594 U.S. at 258. All actions that flowed from his defective appointment—including his seeking of the Superseding Indictment on which this proceeding currently hinges [ECF No. 85]—were unlawful exercises of executive power. Because Special Counsel Smith “cannot wield executive power except as Article II provides,” his “[a]ttempts to do so are void” and must be unwound.
It bears noting that Special Counsel Smith’s work cannot be salvaged by the de facto officer doctrine, which, in some circumstances, “confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person’s appointment or election to office is deficient.”
The classifed documents prosecution is dead unless Cannon is ultimately overruled and reversed SCOTUS which seems unlikely. Garland and Smith will not appeal since it would risk an early ( pre election) SCOTUS confirmation of Cannon’s decision and would also apply to the D.C. “insurrection” case prosecuted by Smith.
The D.C. “insurrection” case is moribund. The lawfare ploy against Trump is defeated although there will be some “mopping up” operations in New York and maybe Georgia. Our special thanks to Judge Cannon and Justice Thomas.
And former attorney general Edwin Meese, who wrote the first amicus curiae brief addressing this matter. Spectacular job.
Yes, Judge Cannon’s ruling is 96 pages long. “Read it anyway.”
Finally, a Judge that can read the Constitution. It’s the Big One Lizbeth!
Winning winning and more winning!
Of course the criminals, lawfare and their operatives, always decry their innocence while perverting and undermining the rule of law and Constitution in an attempt to eliminate and deep six the uni-party/deep state’s political opposition that stand in the way of their totalitarian wealth and power grab at the expense of our Constitutional Republic and Her citizens.
FLOWERS OR CHOCOLATES?
By dismissing the corrupt, dirty, sloppy classified docs case today, Judge Cannon did Jack Smith and the entire Biden regime a big favor.
Smith and his temper tantrum-throwing, disrespectful, mediocre team of lawyers get a reprieve from Cannon’s routine smackdowns in court.
NARA, the DOJ, and the Biden White House won’t have to testify about their collusion dating back to mid 2021 to concoct some documents crime against Trump.
The FBI won’t have to defend the mishandling and tampering of evidence in the case.
Smith should be happier than Donald Trump.
“NARA, the DOJ, and the Biden White House won’t have to testify about their collusion dating back to mid 2021 to concoct some documents crime against Trump.
The FBI won’t have to defend the mishandling and tampering of evidence in the case.”
Those bridges can always be double crossed when PDJT is back in office…
Wait… what is that sound that I’m hearing? Is it the gnashing of teeth, losers beating their heads against the wall, or the cries of the Dim LAWFARE community as those LOSERS are beaten down??? Sincere thanks to Judge Cannon, a person of intelligence, strength, courage, knowledge, and leadership for helping those Dim losers to try and understand justice!!
I still want the statutes challenged in the J6 case in order to threaten it next. Two of them are more than vulnerable to be thrown out as charges: 18 USC 1512 (SCOTUS) only injured it; and 18 USC 241 (The Ku Klux Klan Act) which doesn’t come close to having any element that applies to Smith’s indictment.
18 U.S. Code § 1512 – Tampering with a witness, victim, or an informant
U.S. Code
Notes
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(a)
(1)Whoever kills or attempts to kill another person, with intent to—
(A)prevent the attendance or testimony of any person in an official proceeding;
(B)prevent the production of a record, document, or other object, in an official proceeding; or
(C)prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
This part of 18 USC 1512 (a), 1 obviously involves only those “official proceedings” that involve testimony in front of some court, Congressional investigative hearing, or federal regulatory hearing wherein testimony is taken from witnesses, records or documents are reviewed with the records and/or documents being identified as EVIDENCE, and presided over by a judge and involving law enforcement officers investigating some kind of federal offense. A JOINT SESSION OF CONGRESS TO COUNT ELECTORAL VOTES IS NOT WITHIN THE SCOPE OF THIS SECTION.
(2)Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—
(A)influence, delay, or prevent the testimony of any person in an official proceeding;
(B)cause or induce any person to—
(i)withhold testimony, or withhold a record, document, or other object, from an official proceeding;
(ii)alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;
(iii)evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
(iv)be absent from an official proceeding to which that person has been summoned by legal process; or
(C)hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
Section (a), 2 involves physical force or violence directed against witnesses; destruction of documents, records, or other forms of evidence that can be destroyed, and communications by law enforcement officers and judges
Again, a JOINT SESSION OF CONGRESS to count ELECTORAL VOTES has nothing to do with this section since it does not involve dealing with witnesses, evidence, nor with law enforcement officers or judges in charge of courts hearing criminal and/or civil cases.
(3)The punishment for an offense under this subsection is—
(A)in the case of a killing, the punishment provided in sections 1111 and 1112;
(B)in the case of—
(i)an attempt to murder; or
(ii)the use or attempted use of physical force against any person;
imprisonment for not more than 30 years; and
(C)in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.
This paragraph sets forth the punishment for violating (a) and has NOTHING to do with the JOINT SESSION OF CONGRESS for counting ELECTORAL VOTES.
(b)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—
(1)influence, delay, or prevent the testimony of any person in an official proceeding;
(2)cause or induce any person to—
(A)withhold testimony, or withhold a record, document, or other object, from an official proceeding;
There is no testimony gathered at a Joint Session of Congress to count Electoral Votes so this paragraph does not apply.
(B)alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;
There is no physical, documentary, or photographic evidence introduced at the Joint Session of Congress to count the Electoral Votes, so paragraph does not apply.
(C)evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding;
No subpoenas are send to anyone involving the Joint Session of Congress to count the Electoral Votes, so this paragraph does not apply.
(D)be absent from an official proceeding to which such person has been summoned by legal process;
See (C) above
(3)hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,,[1] parole, or release pending judicial proceedings;
shall be fined under this title or imprisoned not more than 20 years, or both.
Again, this involves (a) and (b) which we now know have nothing to do with the JOINT SESSION OF CONGRESS TO COUNT THE ELECTORAL VOTE, which cannot be an “official proceeding” for purposes of enforcing the statute 18 USC 1512 as it does not include any functions that involve federal criminal or civil court cases, federal regulatory hearings, or Congressional Committee Investigatory Hearings.
(c)Whoever corruptly—
(1)alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
This has nothing to do with the Joint Session of Congress to count the Electoral Votes and therefore does not apply.
(2)otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
(c) (2) Does NOT include the “CERTIFICATES OF ELECTORAL VOTES,” OR “ALTERNATE ELECTORS VOTES” OR “FRAUDULENT ELECTORS VOTES,” whatever you want to call them, since, as the ELECTORAL COUNT ACT is the GOVERNING STATUTE OVER THE JOINT SESSION OF CONGRESS, ALONG WITH ARTICLE 2, SECTION 1 OF THE CONSTITUTION, THERE IS NO WAY THAT ANY “CERTIFICATE OF VOTES” OR ANY “CERTIFICATE OF ASCERTAINMENT” CAN BE INCLUDED IN THE ABOVE DESCRIPTION OF A “RECORD, DOCUMENT, OR OTHER OBJECT” FOR THE FOLLOWING REASONS:
1. The ELECTORAL COUNT ACT PROVIDES FOR THE POSSIBILITY OF THERE BEING MORE THAN ONE PAPER THAT “PURPORTS TO BE THE ELECTORAL VOTES OF A STATE.” This means it is not prohibited for the Electors of a Candidate to file a paper representing their intended votes when their candidate is not identified as a winner of that State’s popular vote according to the “Certificate of Ascertainment.” Something that is NOT prohibited by the governing statute of such a “proceeding” cannot be a crime under 18 USC 1512 or any other statute. By simply being a “Certificate of Votes” other than the “Certificate of Ascertainment” CANNOT be considered a crime simply because it is NOT the “Certificate of Ascertainment.” It is also NOT A “FORGERY,” since it cannot be held to represent something other than what it is, the votes of the Elector Nominees of a candidate other than the candidate purported by the “Certificate of Ascertainment” as the winner of that State. Since those papers cannot be construed to be anything other than what they actually are, they are not “forgeries.” How did the NATIONAL ARCHIVES file the 2021 “Alternate Electors’ Certificates?” As “REPUBLICAN Electoral Votes,” so it was never possible to falsely identify them as “Certificates of Ascertainment.”
2. The President of the Senate is required to “open ALL THE PAPERS” that are available to be counted during the Joint Session of Congress, as set forth in Article 2, Section 1 of the Constitution. This would mean that, if there were two papers “purporting to be the Electoral Votes of a State,” the President of the Senate would have to open BOTH OF THEM, and has been typically how this has always been handled up until January 6, 2021. In 2021, the President of the Senate knew the claimed reason for filing all of those papers, that were NOT “Certificates of Ascertainment,” was because there were pending legal actions challenging the results of the popular vote in those seven states. Since there was no judicial decision in favor of that candidate being a winner in any of those seven states prior to January 6, 2021, the papers were not taken into that year’s Electoral Vote Count by the President of the Senate, and only Certificates of Ascertainment were presented. This is indicative of how the Electoral Count Act procedures are constructed to manage and handle such events. Basically CONGRESS decides which papers contain the Electoral Votes to be Counted, and which candidate has won those Electoral Votes, and then CONGRESS counts the votes and certifies the winner.
3. If the President of the Senate HAD brought those papers into the Electoral Vote Count, they could have been dealt with simultaneously with any OBJECTIONS that were filed by Members of Congress and Senators, when the two Houses of Congress would retire from Joint Session and debate both the objections and the “Certificates of Votes” from the “Alternate Electors.” Now, this is covered by the ONE HOUSE RULE: If one House of Congress votes for the “Certificate of Ascertainment,” signed and sealed by the governor of the State, the “Certificate of Ascertainment” is always the one chosen as the paper properly identifying the winner of the Electoral Votes of that State. It is elementary which candidate would have won in that situation in 2021.
I don’t believe it is necessary to drill down into this statute any further since it has been amply demonstrated that the Joint Session of Congress to count the Electoral Votes is not a “Congressional Proceeding” for the purposes of enforcing 18 United States Code Section 1512, and in particular (c) 2. It is also important to note that separate States reportedly are considering passing statutes outlawing ALL “Alternate Electors’ Certificates of Votes,” which underscores they were NEVER illegal in the first place.
Please refer to the links below to see that these “Alternate Electors” certificates have NEVER been illegal, nor has anyone filing them ever been charged with a crime going back to the beginnings of the Electoral College procedures including a practical joke “Certificate of Votes.”
These links show “Alternate Electors’ Certificates of Votes” are not illegal, and have never been illegal:
Electoral Count Act:
https://www.law.cornell.edu/uscode/text/3/15
Congressional Research Service Paper About the Joint Session of Congress to Count the Electoral Votes:
https://crsreports.congress.gov/product/pdf/RL/RL32717
Now we examine the use of the statute 18 United States Code 241 in the criminal action against Donald J. Trump.
The problem with prosecuting someone for some kind of confidence scheme or grifter operation to allegedly hijack the Electoral Vote Count is that the Electoral Count Act has no criminal elements in it. As we have seen, this includes the use of “Alternate Electors Certificates of Votes” that are plainly allowed under the ECA with procedures that Congress uses to deal with them, but no criminal penalties documented in the ECA for anyone to be charged for filing such papers. When I alerted some Democrats on Twitter about this problem, they were confident that some other statute could be used, like 18 USC 1512 which has nothing to do with Joint Sessions of Congress since they don’t do things like hear witness testimonies under oath, issue subpoenas, or collect various kinds of evidence. We now know that 18 USC 1512 doesn’t apply to the Joint Session of Congress that counts Electoral Votes. Well, right behind 1512 here comes 18 United States Code 241, the “Conspiracy Against Rights” statute. If all a prosecutor has to do is cite the TITLE of a statute, maybe this statute could be used in a case in which the prosecutor claims the defendant attempted to steal citizens’ voting rights, along with the expectation of the citizens that their votes would be counted. Unfortunately, the title of a statute is not the determining factor about the legitimacy of applying it to a set of allegations in an indictment. The determining factor of legitimacy is the ELEMENTS of the statute. They take a little longer to unpack than the title of the statute.
What is 18 USC 241? It is probably the world’s first Anti-Terrorism Statute. That is because it was directed at the Ku Klux Klan back in the 1870s when the Klan was riding high. Now, this is the KKK. This isn’t some group of confidence men and grifters like Paul Newman and Robert Redford and their friends in the movie “The Sting,” or how Jack Smith describes Donald Trump and some of his people in his indictment as using “dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the presidential election are collected, counted and certified…” There is nothing in 18 USC 241 that deals with a few Boss Hogg types conning black people out of their votes. The KKK used PHYSICAL VIOLENCE AND TERRORISTIC THREATS, generally delivered in person, and included lynch mob killings, beatings, and assaults upon family members which are dealt with in the statute as to the tactics employed by the Klan. There is absolutely no element in 18 USC 241 that deals with con man/grifter schemes to hijack the Electoral Vote Count as we saw with 18 USC 1512.
The elements of a statute are the CONDITIONAL STATEMENTS that determine whether a violation of the statute has been committed. The elements are available below along with a breakdown of the logic to determine if “dishonesty, fraud, and deceit” apply to this statute.
Here are the first elements of this statute:
“If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or”
Note the use of the words “IF” and “OR.” In a statute “OR” between two elements means that the alleged violator only has to violate ONE of them. Here we have four of them, and they are all acts of terrorism as we know them today. They are physical in nature such as “INJURE.” The KKK frequently injured, and even killed victims. Also “threatening, oppressing, and intimidating” are also tools of terrorism, frequently delivered in person back in the 1870s, and sometimes through mail, and now telephones. So, the logic would map like this using a computer coding tool called “Pseudocode.”
IF two or more people injure someone to prevent them from exercising a right, or to punish them for doing so, OR
ELSE
IF two or more people oppress someone for the same reasons, OR
ELSE
IF two or more people threaten someone for the same reasons, OR
ELSE
IF two or more people intimidate someone for the same reasons
THEN the two or more people have violated the statute.
ELSE NO VIOLATION
If the alleged conspiracy of Donald Trump, et. al. did not injure, or oppress, or threaten, or intimidate anyone, then they did not violate these elements of the statute. “Dishonesty, Lies, Fraud, and Deceit” are the allegations in the indictment, therefore Donald Trump, et. al. did NOT violate these first four elements of 18 USC 241.
Here are the next two elements of the statute:
“If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—”
We’ll use pseudocode again just to demonstrate its applicability to apprehending the logic of a statute. I think we know Trump wasn’t wearing a disguise while lurking around highways seeking to intercept someone to prevent or hinder their free exercise of rights or privileges; nor did Trump wear a disguise and go on someone’s property to do something like burn a cross to prevent or hinder the property owner from exercising a right or privilege.
IF two or more persons go about in disguise on the highway; OR
ELSE IF the same two or more persons go about in disguise and go on someone’s property to do something like burn a cross to hinder or prevent that person from exercising a right or privilege;
THEN the same two or more persons violated this statute.
ELSE NO VIOLATION
We all know Trump didn’t do anything while wearing a disguise, and none of the elements say anything about “wearing a disguise while lying, using fraud, dishonesty, and deceit to hijack the Electoral Vote Count.”
There are a host of other elements that were packed into a separate paragraph, such as killing, kidnapping, sexual abuse or conspiracy to commit sexual abuse, but we all know Trump didn’t do any of these things, and Smith’s indictment does not mention ONE of these elements. Oh, it lists, “injure, oppress, threaten, and intimidate,” but does not demonstrate how Trump did any of them. He just reproduced words in the statute, but only cited allegations of confidence schemes, manipulations, and even a suggested use of “bait-and-switch” tactics to solicit the “Alternate Electors’ Certificates of Votes.” None of this had ANYTHING to do with 18 USC 241.
This Statute should NOT be cited as a count in this indictment.
Jacksputin is appealing the ruling.
His challenge opens this can of worms upon his own head methinks.
Judge Cannon didn’t just dismiss the case, she dismissed Jack Smith and ruled him unconstitutionally appointed.
His refusal to go away quietly opens the door to the Supremes confirming her stance.
Affirming that there is a huge inconsistency in the Special Prosecutor statutes that Congress must fix.
Preferably by eliminating it altogether; we need no Star Chambers over our land.
Smith has already filed to appeal Cannon’s decision. I hope the court will throw out his appeal because as Judge Cannon made clear, Smith is just a private attorney not a legitimately appointed representative of the DoJ. The court should therefore declare HE LACKS STANDING to appeal!
That, or hammer him even harder, after he exposes the Derp State to further humiliation and deconstruction of course.
Reading reports, it’s not Smith who is appealing … it’s the DoJ.
As reported by CNBC, “A spokesman for Smith said the Department of Justice later Monday had authorized the special counsel to appeal Cannon’s decision tossing the case to the 11th Circuit U.S. Court of Appeals.”
Trump classified documents case dismissed, Jack Smith to appeal (cnbc.com)
He has his extortion victim keeping a cell warm for him there.
A fitting end to Jacksputin the Mad Monk of Mendacity.
In her 93(!) page ruling, Judge Cannon fully realizes that she is speaking to the Supreme Court. Nevertheless, she carefully leads the reader through her reasoning, “peeling the onion” layer by layer.
Having recently done so, I encourage you to read the whole thing. Page by page.
I absolutely loved seeing all the liberal tears over this judicial decision. Especially Chuck Schummer, he is a big whiner and his lawfare dreams are falling apart!
A ruling that GIVES immunity?
NOT!
It was a ruling that RECOGNIZED immunity.
Stupid writers.
Exactly. Her ruling recognized the Constitutional separation of powers. Private citizens can’t be federal prosecutors.
Even a blind man could see this coming…
I am a retired lawyer, and it’s about GD time that this insane case was dismissed. In my opinion three of the four statutes that were included in the indictment don’t even apply to a former President of the United States, and the Presidental Records Act is a civil penalty statute, not criminal, so, no indictment.
Judge Canon is one great judge.
Bye, bye Jack. You won’t be missed.
Trump 2024.
How does an illegally appointed Special Counsel have standing to file an appeal?
And I want a refund!
Justice Clarence Thomas in his concurring opinion gave Judge Cannon the peg, and Judge Cannon hung her hat on it.
Jack Smith is gone.
Trump 2024.
Just heard that Bob Menendez was convicted. Jack Smith just can’t win. No sooner than the Classified Documents case crashed an burned, but Menendez was convicted by someone other than Smith, who failed to bag Menendez years ago.