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)
As great as Clarence Thomas is, I hope that he is seen as even greater for what he did. I say the following as a litigation lawyer: Normally, a court can only address issues put to it by the parties when deciding a case. Justice Thomas, however, raised the Appointments Clause on his own as it was not put to SCOTUS in the J6 case by the parties.
I absolutely believe he wrote his concurring opinion to help Judge Cannon by giving her something to point to so she could throw out the documents case on this basis. And it worked!
What’s beautiful about this is that Judge Cannon didn’t have to make any decision on facts; she was able to point to the Constitution itself and make a fully legal determination. The 11th Circuit now has to contend with decisions not only below it but thanks to Clarence Thomas above it! He foresaw that Judge Cannon would need a lifeline and answered the call.
God bless Clarence Thomas.
Thank you for your overview.
This point of view is most welcome, but the fact is that Smith was not appointed by congress.
and thats what should be in full view. Nothing else matters…NOTHING..it was illegal from the start.
I seriously believe they will not continue with this – it will take a ton of time…Trump could win by then..
and then put Biden through the exact same thing – and there he wins because a VP does NOT have immunity in any sense of the word
Also…I would think after the Judges verdict – the congress will demand that he is reviewed on all fronts before this goes anywhere further… And we should demand that be the case through all out representatives
Would be nice, but I’m not holding my breath.
thats the way it should be….100%
Unfortunately, it isn’t. 😕😡
I actually remember where I was when Clarence Thomas nomination went through. It was that important an event. I was driving on a highway and pulled off to say a prayer of thanksgiving. God bless this brilliant patriot.
I was with my mom. She taught me to watch these hearings, not to let the media spoon feed me a narrative.
I’ve encouraged those in my sphere to do the same.
It also taught me how utterly vile the democrats were. It flavored my political beliefs the rest of my life. We cried tears of joy when he was confirmed.
Just an aside observation: Wasn’t joey biden one of the ones on the Congressional review board during his nomination procedure? Seems I remember joey gleefully questioning the black woman who tried to accuse Judge Thomas of inappropriate behavior… Please forgive me if my memory is faulty on this.
He was the Chairman of the Judiciary, as I recall.
I highly recommend Mark Paoletta’s documentary and book titled, “Clarence Thomas: In His Own Words”.
Newsmax plays it every so often but should be available in many locations. It is excellent.
I will admit it is something I play when we have houseguests. 😀
Let’s give ol’ GHWB a hat tip for this.
Mr T: Great comment.
Didn’t Ed Meese file a suit with the SC about Smith.
I don’t know that Thomas specifically meant to whack down Smith’s apppointment… I think he used Smith as an example of why such appointments are unconstitutional and doing so buttressed the notion that the a 4th branch of Gov… the IC and Deep State… is unconstitutional by fully folding them into the absolute power of the POTUS.
Smith was appointed by the IC and Deep State, and likely many more… and the entire Lawfare effort. Hence he was the natural example for Thomas to make his analysis.
If it means that the Lawfare cases get thrown out, so be it… it just makes things easier.
An unconstitutionally appointed prosecutor charging bogus chargers on behavior that the Supreme Court ruled was legal.
Can the American people get reparations? Askin’ for a friend
Who ever signed the document to start this process should personally be on the hook for the multiple millions spent on this debacle!
Consequences for bad behavior !
I’ve not been gracious towards The SCROTUS, and its Chief Richard (“The Coward”). We are where we are because neither citizen nor State had standing in contesting the 2020 election (“the Big Cheat”). Maybe had this been the Thomas Court and not The Coward’s court, it would have been different. This is the first instance of a Justice combatting this un-American Lawfare, answering the call, giving Judge Cannon the lifeline, without waiting for an address through the system. Yes, God bless Justice Clarence Thomas!
Excellent, couldn’t have stated it better.
Most excellent Sir
The bright light of the GHWB ” Read my lips” Administration was CT…
And if Smith wants to appeal, he has to go to the 11th Circuit Court. Do you know what Justice determines what cases the 11th Circuit takes?
Now that is justice.
I don’t see how Smith could appeal. If he wasn’t Constitutionally appointed then he wouldn’t have “Standing “, would he?
What you wrote gelled with so many here that you received one of the largest thumbs up I have seen here.
Ending with my favorite Mickey, awesome 👏
Here’s to slaying the 6 ways from Sunday crowd. 🍹🍹 cheers!
We really need a Mickey doing the Trump dance.
Tech is not my bailiwick. Anybody?
I’m still not understanding the fascination with a mouse that represents a Company now more known for being a children’s grooming syndicate than an actual entertainment company
I get you.
But, I think it’s the finger!
I don’t believe it was when Mickey was “born.”
Loved Disney movies and nature programming in the ’50’s.
Have never been Disney theme parks.
Walt’s heirs have corrupted the brand.
Precisely!
Like most things, the leftists have even co-opted Mickey Mouse.
Walt would be furious with what has been done with his creations.
“…a claim that has been repeatedly denied by federal, state, and local officials”
That may be one of the most belly-laughable statements I’ve ever read.
“The government is persecuting me!”
“No they’re not!”
“Says who?”
“The government! If you deny this, we’ll charge you with Obstruction of Justice.”
An apparently new feature of “our democracy” is that the government may never be disputed.
Good for Canon. I predicted this after the immunity ruling. Thomas’ writing was clearly a “we have your back” statement.
Oh, and by ruling this way, she forces Judge Chutkan in DC to rule on it if she hasn’t already. Disputes between lower courts are a guarantee this goes to SCOTUS.
This ruling is going to be fun. Canon’s ruling means Jack Smith, in her view, can’t bring the DC case either. Big time ammo for Team Trump to do a pile driver on the DC circuit.
SPIT!!!
Hopefully Judge Cannon has better personal security then the SS had for PDT. Since the trash in DC have demonstrated they’re not above killing innocent people to eliminate those who are a threat to their corrupt grip on power.
I just posted a similar comment under another post on page 1.
It is now a 100% valid concern for ANYONE who foils the Anti-Trump Anti-Constitutional pro-Fascist/Communist Washington DC Establishment’s plots to take him out by any means. Our enemy has exposed the fact that they have no hesitancy to use unrestricted violence / coercion to achieve their goals.
Yeah they exposed that eight years ago.
…And what should the most heavily armed populace on the face of the planet do about it? 😉
When do WE say enough is ENOUGH!? 😡
Oh I agree with your sentiment. “Enough” happened in November 2020.
But, seriously, 99% of this country’s armed populace does NOT have unrestricted satellite high resolution surveillance over any part of this or any country, DEW weapons that can direct lethal energy on any house or car or anything from above, constant surveillance of all electronic means of citizens’ communications, heavy military cargo planes and armored personnel vehicles to rapidly transport high tech weapons and trained personnel to any area of any part of the country, a Navy, an Air Force, etc. etc.
Despite the Second Amendment and the larger numbers of armed civilians, let’s not get cocky to where we ignore the huge imbalance in war fighting capabilities between us and the rogue, anti-constitutional government now in control.
We can resist and defeat this domestic enemy, but it’s probably not going to happen via violent confrontations.
You are so right. The 5G towers alone can emit signals that fry our brains. Just ask Otto Warmbier.
HA HA!
Serious question – will President Trump be able to get the documents the lying, corrupt, cheating, stealing FBI stole from him?
Surely he has been exonerated beyond reproach now for having those documents. They need to restore the documents.
That’s what JUSTICE is all about! It is to RESTORE the injured.
He’ll be able to do a lot from the White House.
In principle, they have to return EVERYTHING.
In reality, they’ll claim it was burned in a fire.
At the end of the ruling she writes that it does not infringe on the “security classification” matter. So Trump will probably have to sue to have his property – seized unlawfully – returned.
He’ll be President, first, and can just go get it then.
I hope President Trump kept copies.
If it doesn’t disappear like Hillary’s emails. —‘oops, so sorry, we’ve been unable to find it…’—
I don’t think that is an issue. He has all he needs I am sure
Who says he still doesn’t have copies? He’s still the one with the right to have them.
If the documents he cared most about weren’t copied and secreted away to places unspoken then he had a failure of imagination.
I always think of Mitch McDeere in “The Firm” when it comes to those documents. Let’s hope Trump employed a similar strategy:
Trump needs to be made whole by reimbursing him for all the money he had to spend in defending himself including legal fees, transportation costs, hotel costs, meals, everything.
Which should be paid/reimbursed from the personal account$ of ALL the “lawfare” wickwhacks involved, NOT the American taxpayers.
WOW! Judge Cannon followed the Constitution! Better than the SJC did when “splitting the baby” in the Presidential Immunity case. BRAVO for her!
wish it were … “WITH PREJUDICE”
I believe it is with prejudice as the decision explains why a duly appointed officer may not now simply pick up the case and go forward with the prosecution.
This decision by Judge Cannon also makes it quite likely that the propriety of Smith’s D.C. “insurrection” case will be make its way to SCOTUS. Cannon’s decision is well reasoned and supported by conventional statutory interpretation rules. I believe a majority would uphold Cannon’s ruling.
It occurs to me that Garland and Smith should seek early clarafication from SCOTUS before more un-authorized spending. They may now be on the horns of a dilemma.
The official theme song of Lawfare:
Great news. Justice prevails, thanks to Judge Cannon.
Now make them pay back all the tax payer dollars they wasted on this shameful scam.
BINGO!!!
“The malevolent forces of the deep state have suffered a tremendous defeat.”
So this defeat is like Aragorn and Theoden defeating the first Army of Uruk Hai Orcs at Helms deep. The battle to defeat the Armies of Mordor at Minas Stirith is the election in November. In that battle the Armies of Mordor were defeat with the aid of a spiritual army of men recruited by Aragorn. Victory in our upcoming election will require the resources of the all mighty, all powerful and omnipresent God for truth, sunlight and righteousness to prevail. Continue to pray that Gods hand of protection would shelter DJT and that His will would be done.
Actually, it was throwing the ring into Mount Doom that won the war.
Think of Gollum as Smith and the likes in the depths of the Deep State. They tried too hard to gain power (steal the ring from Frodo) and doing so overstepped their reach and fell into the pits.
The rest are just Inner State useful idiots.
Frodo throwing the ring into Mt Doom is the equivalent of DJT destroying the bureaucratic deep state and the IC-State Dept cabal. That happens after the election and the implementation of DJTs policies
Thank you Justice Thomas and Judge Cannon for following the Constitution. It seems “Born in Kenya” Obama didn’t totally obliterate our Constitutional rights.
Now I’m curious. I always thought that Rosenstein’s appointment of Mueller was illegal. Federal 28 CFR 600.1, states that “The Attorney General … will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted…” Rosenstein did not identify a crime to be investigated. And the DOJ regulation does not authorize a special counsel to be appointed for a counter-intelligence investigation. Mueller was also disqualified from being the special counsel because of his conflicts of interest (28 CFR 600.7). Mueller is best friends with James Comey who was a key player in the FBI’s illegal spying on Trump. That alone legally disqualifies Mueller.
So if the DOJ violated the US Constitution in appointing Special Counsel Jack Smith, then was Rosenstein’s appointment of Mueller in the Russia Russia Russia case also unconstitutional because Mueller was appointed on the basis of a CFR and not a Congressional Act?
Up in New York, corrupt judge Merchan is now rewriting his prison sentence for Trump to “a billion billion years”…
I’m hearing there is a shortage of smelling salts and swooning couches.
It would certainly be a great development if this caused the other Jack (S***) Smith case to be thrown out
Hey jack smith the lesser, you and your lawfare criminally corrupt stooges, should hang your heads down in shame and cry us a river.
They are incapable of shame.
As Judge Cannon has deemed that Jack Smith’s appointment was illegal, it is time we stopped calling him ‘Special Counsel’. Her discussion about the $24 million Smith has spent, is also quite interesting.
If Smith’s appointment was illegal, doesn’t that trip him of personal immunity for his wrongful acts while pretending to be a Special Counsel? Smith needs to pay the legal costs incurred by all the defendants. Can he be prosecuted for impersonating a federal officer?
Sundance is no fan of Harmeet Dhillion. She sure seems to be on the Trump Train.
WHAT HAVE THEY DONE TO STOP THE AME CHURCH OPERATION and BALLOT BOX STUFFING??
https://x.com/pnjaban/status/1812862329635090503
https://x.com/pnjaban/status/1812649909599772686
https://x.com/pnjaban/status/1812897656559079852
This lawyer is not trustworthy she has many hidden agendas visible during 2015-16 era
Yea…over history…she’s full of it and not to be trusted.
Tip: Edit these URL’s to change //x.com/ to //twitter.com/ ….so that the tweets will fully display graphically here in CTH
She’s just another globalist fraud.
“a claim that has been repeatedly denied by
federal, state, and local officials”That should read “repeatedly denied by Democrat political hacks including the left wing media, the DOJ, anti-Trump Congressmen, and Soros-funded prosecutors.”Question for legal minds: Does PDJT get his documents back?
“Fruit of a poison tree” – or something like that, right!
I’m sure ‘they’ll’ try and not give them back.
However, I have to believe that Trump kept copies of anything valuable, evidence-wise.
Lawfare is falling apart. What’s a good leftist lawyer like Mary McCord, Mark Elias, Norm Eisen, Andrew Weissman, and finally Jack Smith supposed to do now?
Only one remaining….Fat Alvin Bragg along with his corrupt judge Merchan. SCOTUS needs to step in and put a stop to this.
Let’s hope they do because Trump is going to be the official nominee in three days. Merchan will look like a petty little boy idiot if he sentences Trump anything beyond a suspended sentence.
Those termites will never stop doing what termites do until an EXTERMINATOR finally comes along. TRUMP 2024!!!!!!
Amen!!
Does he get the documents back?
They are his, aren’t they.
Funny thing is….If the government. Appeals, it goes to the 11th circuit which judge Thomas presides.
That is the biggest FU to Jack Smith and Lawfare, et al. And don’t think that Judge Thomas’s opinion during the immunity case didn’t play a big role in this ruling by Judge Canon. An excellent morning wake up after the cowards tried to eliminate PDJT on Saturday.
“Super Genius” lawyers “Hollywood Nebbish” Norm Eisen and “Boner Nose” Andrew Weissman sure do get their asses handed to them on a regular basis, even with the the flagrantly biased state of the judiciary.
Looking at you too “Actual AG” Lisa Monaco, “Mister” Mary McCord, your coat holders Garland, Bromwich, Berke, and Colangelo.
I agree!! Scary Mary is a Man, baby!!!
Mary…Hmmm… should get a new face…
I concur! God bless Justice Thomas, and keep him and his wife safe and secure!!!!
What a great day!!!!
Deny the local, state and federal collusion all you want however, they’ve consistently lied since 2015 and Trump has been proven correct. Trump also didn’t have to change the laws and make them retroactive in order to make a case.
Take a breath, blink a couple times, but for God’s sake hold your targeting position! These ratbastards are NOT giving an inch; just reloading!
Exactly! Those termites will never stop doing what termites do until an EXTERMINATOR finally comes along. Hopefully it will be President Trump back in our White House who can then begin cleaning house! And We The People will need to have his back (and front and both sides) while he does it.
Finally a Constitutionally valid ruling from a court.
Just a word of caution, now that the leftists and democrats, AKA commie pigs, see their efforts to take trump off the board, thwarted nobody is safe. Democrats and leftists turn to violence when their plans are stopped, they know Trump will take care of business and they will finally have to pay the piper.
I urge everyone to take precautions, be aware of your surroundings, Sundance, please keep yourself and your family safe. After losing Rush, I couldn’t take it if anything happened to you.
They probably knew this Friday or so.
Enough time to get their wind-up toy going.
Saw it on zero hedge this morning.
Another middle finger to the left !
Democrats are domestic terrorists.
Suck on it, ‘lil Jack Shit!!!
All evidence is tainted? That would be huge.
Gotta love Mickey at this point in time!!! Thank you Sundance and Treepers!!!
Fantastic news! This would have been the biggest headline except for the momentous events on Saturday and the convention today. Appropriately, Justice Thomas set the stage for this case to be thrown out root and branch! Smith has nowhere to go except flail his arms in futility, whine, and cry. And this is also grounds for Trump to counter-sue the federal government for all kinds of damages (I hope).
Maybe Judge Cannon could be President Trump’s next pick for the next SCOTUS vacancy.
Biden weaponized the swamp creatures at the DOJ and FBI
to go after Trump and associates. This is Election Interference.
The Biden administration created the government
criminality, decay and corruption at the DOJ and FBI.
—
Were there any prior communications between the Trump
shooter Thomas Matthew Crooks and the Biden administration?
I can see all the hammers, bleach bit and 20 incorrect sign-in attempts to wipe their phones “with a cloth” as we speak.
Mickey’s half the peace sign is always a favorite of mine and appropriate when Sundance uses it!!! He did so this time very judiciously!!! 🤣 Poor Jack Smith he has a big case of the sadz! Godspeed President Trump and Sundance!!!
Can’t he be charged to spending taxpayer money without legal authorization? Misusing government funds?
Probably not. Congress does it all the time using CRs for spending approval rather than by approving a budget as required by the Constitution! Just my guess!
She will make an outstanding member of the 11th circuit when she is promoted after the next vacancy!!! 🦾🦾🦾🦾🦾
Perhaps this is exactly why Judge Cannon wrote 93(!) pages in her ruling. Precisely because she knew that “she was ultimately writing for the Supreme Court.”
And – having now read its entirety – “I think that she wrote very well.”
She carefully stated that her Order “was only for this jurisdiction.” She broke down the legal arguments that were to be addressed (in the preamble to the Order …), then proceeded to address them one-by-one.”Indeed, as thorough and systematic a legal treatment as one could hope for.
Fully knowing that the fight is not yet over, she did her appointed duty excellently. She rendered her judgement, and exhaustively explained why. (And: “why not.”)
https://x.com/martyrmade/status/1812885700750242009
Why labeling it as “Document Case” instead of “Mishandling National Defense Information” doesn’t hit the nail!
President Trump – like Julian Assange – was mainly charged with offences under the Espionage Act 1917, now codified in 18-793 (Gathering, transmitting or losing defense information). This was also referenced in search warrant. The (relevant) provision 18-793e (bolding is mine):
“Whoever having unauthorized possession […] relating to the national defense […] willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it.”
Anyone who is seriously interested (and willing to spend some time) to find out how difficult it is for the government to prove this offense: search for “793” in this document:
Report on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locatinos Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr. (justice.gov)
Damage done, now move on.
“The malevolent forces of the deep state have suffered a tremendous defeat, and the demons are shrieking.” This is superb prose! And may their sting of defeats continue to grow. Her timing is perfect.
The crime was committed by the enemies of freedom in the deep state. God Bless Clarence Thomas and Aileen Cannon; and God Bless America!
Here is their new plan:
History of Jack Smith’s courtroom smackdowns after landmark loss in Trump immunity caseOne legal expert says Smith has a reputation as a ‘hyper-aggressive prosecutor’
https://www.foxnews.com/politics/history-jack-smiths-courtroom-smackdowns-after-landmark-loss-trump-immunity-case
These people are a joke. Don’t they realize that all the evidence presented by an unconstitutional special prosecutor has now been irreversibly tainted?
Praise to Judge Cannon and Justice Thomas. By the way, wonder how AOC is taking this? Someone should check on her well being.