FL - Former President Donald Trump indicted, 40 counts, classified documents and obstruction of justice, June 2023, Trial May 2024 #2

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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.

“The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” said Smith’s spokesman, Peter Carr.

 
Smith’s appeal of the ruling is likely to be resolved only after the presidential election, all but guaranteeing that Trump would not face trial until 2025 at the earliest.

If Trump is elected president in November, he could order his attorney general to dismiss the case, and another pending federal criminal prosecution in U.S. District Court in Washington, D.C., where Smith also is prosecuting him as special counsel.

 
Chelly said:
Smith’s appeal of the ruling is likely to be resolved only after the presidential election, all but guaranteeing that Trump would not face trial until 2025 at the earliest.

If Trump is elected president in November, he could order his attorney general to dismiss the case, and another pending federal criminal prosecution in U.S. District Court in Washington, D.C., where Smith also is prosecuting him as special counsel.

Click to expand...
I hope someone in Congress is working on new legislation to ensure no POTUS is allowed to break serious laws without
being held accountable. Gone are the days of self-respecting politicians.
 
Betty P said:
I hope someone in Congress is working on new legislation to ensure no POTUS is allowed to break serious laws without
being held accountable. Gone are the days of self-respecting politicians.
Click to expand...
I hope so too, but would such a law pass before a new president is elected?
Re: Executive office and the law: I wonder if we will soon see a presidency where: *The Commander in Chief is untouchable by laws, *Congress is nearly decimated, and *SCOTUS functions totally under the president's thumb? Would that be called a dictatorship?
 
This attorney says it would be quicker for Smith to refile the case rather than appeal.

www.sidebarsblog.com

What Jack Smith Should Do Now

Don't appeal
www.sidebarsblog.com www.sidebarsblog.com

I think there’s a better approach: don’t appeal. Instead, have the United States Attorney for the Southern District of Florida bring a new indictment containing the same charges. Even in a worst case scenario, this would leave Smith no worse off than if he appealed. The benefit is that it would avoid the year or more of delay that would result from the appeals process. And in the best case scenario, there’s even a chance the new indictment could end up assigned to a different judge.

A side note: all of this analysis only matters if Trump does not win the election. There is no way this case will be resolved before November, no matter what Smith does. If Trump wins, he is expected to scuttle the prosecution. So my arguments about delay are not because the case might still be tried before the election, but simply because lengthy and unnecessary delays are inherently bad for the prosecution – and the public – in any criminal case.
 
Chelly said:
I hope so too, but would such a law pass before a new president is elected?
Re: Executive office and the law: I wonder if we will soon see a presidency where: *The Commander in Chief is untouchable by laws, *Congress is nearly decimated, and *SCOTUS functions totally under the president's thumb? Would that be called a dictatorship?
Click to expand...
Yeah, that would be like a dictatorship. The odds are slim of getting it passed in this session of Congress, but they can always try for next year. Fixing all these problems is going to take time.
 
Smelly Squirrel said:
This attorney says it would be quicker for Smith to refile the case rather than appeal.

www.sidebarsblog.com

What Jack Smith Should Do Now

Don't appeal
www.sidebarsblog.com www.sidebarsblog.com

I think there’s a better approach: don’t appeal. Instead, have the United States Attorney for the Southern District of Florida bring a new indictment containing the same charges. Even in a worst case scenario, this would leave Smith no worse off than if he appealed. The benefit is that it would avoid the year or more of delay that would result from the appeals process. And in the best case scenario, there’s even a chance the new indictment could end up assigned to a different judge.

A side note: all of this analysis only matters if Trump does not win the election. There is no way this case will be resolved before November, no matter what Smith does. If Trump wins, he is expected to scuttle the prosecution. So my arguments about delay are not because the case might still be tried before the election, but simply because lengthy and unnecessary delays are inherently bad for the prosecution – and the public – in any criminal case.
Click to expand...

Not bad, but IANAL. I was just listening to them talk about steps forward on NPR. They do have to appeal this ruling, though, because if its allowed to stand, there are many, many cases won that would be considered void if Jack Smith is considered not eligible as a Special Prosecutor. The position of Special Prosecutor is legit and needs to have someone to rule that way. Otherwise a lot of criminals will get out of jail and legal decisions reversed.

The way I read it, any legal action taken on a case investigated or referred by a Special Prosecutor is invalidated because it claims the process used to establish the position of Special Prosecutor was unconstitutional or somesuch. That's just bogus. Those of us old enough remember how the position of Special Prosecutor was established during Watergate. It's legitimate.

We also shouldn't have to rely on those charges alone to help win an election. We should be able to do that on our own.
 
Last edited:
The appeal has been lodged in the US Court of Appeals for the 11th Circuit.

I imagine that Cannon's hand will be smacked again, this time for going against higher courts' rulings (like the Supreme Court decision in 1974).

www.opb.org

Special counsel appeals judge’s dismissal of Trump documents case

Special Counsel Jack Smith on Wednesday appealed the dismissal of the federal criminal case against former President Donald Trump over his handling of classified documents.
www.opb.org
 
SouthAussie said:
The appeal has been lodged in the US Court of Appeals for the 11th Circuit.

I imagine that Cannon's hand will be smacked again, this time for going against higher courts' rulings (like the Supreme Court decision in 1974).

www.opb.org

Special counsel appeals judge’s dismissal of Trump documents case

Special Counsel Jack Smith on Wednesday appealed the dismissal of the federal criminal case against former President Donald Trump over his handling of classified documents.
www.opb.org
Click to expand...
She had to expect this and obviously she didn't care- every step of the way in this case she showed bias- she didn't deviate knowing the case would be appealed- Her fealty to Trump, shall we say trumps everything!!!! I hope she gets slapped down really good.
 
www.wsbtv.com

Special Counsel files appeal over tossed Trump classified documents decision, case moves to Atlanta

The appeal is expected to tee up a court fight that might reach the U.S. Supreme Court.
www.wsbtv.com www.wsbtv.com

Another one of the criminal cases against former President Donald Trump is coming to Atlanta.

[snip]

Special Counsel Jack Smith has now formally filed the appeal against Cannon’s decision, and the case will now go in front of the 11 Circuit Court of Appeals in downtown Atlanta.

[snip]

It’s impossible to say whether the opinion will stand or be reversed on appeal, though other judges in other districts in recent years have reached opposite conclusions of Cannon, upholding the constitutionality of special counsels who were appointed by Justice Department leadership and funded by a permanent indefinite appropriation.

Even though Supreme Court Justice Clarence Thomas raised questions this month about the legality of Smith’s appointment, no other justice signed onto his concurring opinion in a case conferring broad immunity on former presidents.
Click to expand...
 
Document Updates:
# Date Description
673 07/17/2024 NOTICE OF APPEAL by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira Filing fee $ 605.00. USA/FPD Filer - No Filing Fee Required. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (filed: 07/17/2024)

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re
 
Smelly Squirrel said:
This attorney says it would be quicker for Smith to refile the case rather than appeal.

www.sidebarsblog.com

What Jack Smith Should Do Now

Don't appeal
www.sidebarsblog.com www.sidebarsblog.com

I think there’s a better approach: don’t appeal. Instead, have the United States Attorney for the Southern District of Florida bring a new indictment containing the same charges. Even in a worst case scenario, this would leave Smith no worse off than if he appealed. The benefit is that it would avoid the year or more of delay that would result from the appeals process. And in the best case scenario, there’s even a chance the new indictment could end up assigned to a different judge.

A side note: all of this analysis only matters if Trump does not win the election. There is no way this case will be resolved before November, no matter what Smith does. If Trump wins, he is expected to scuttle the prosecution. So my arguments about delay are not because the case might still be tried before the election, but simply because lengthy and unnecessary delays are inherently bad for the prosecution – and the public – in any criminal case.
Click to expand...


Betty P said:
Not bad, but IANAL. I was just listening to them talk about steps forward on NPR. They do have to appeal this ruling, though, because if its allowed to stand, there are many, many cases won that would be considered void if Jack Smith is considered not eligible as a Special Prosecutor. The position of Special Prosecutor is legit and needs to have someone to rule that way. Otherwise a lot of criminals will get out of jail and legal decisions reversed.

The way I read it, any legal action taken on a case investigated or referred by a Special Prosecutor is invalidated because it claims the process used to establish the position of Special Prosecutor was unconstitutional or somesuch. That's just bogus. Those of us old enough remember how the position of Special Prosecutor was established during Watergate. It's legitimate.

We also shouldn't have to rely on those charges alone to help win an election. We should be able to do that on our own.
Click to expand...

SouthAussie said:
The appeal has been lodged in the US Court of Appeals for the 11th Circuit.

I imagine that Cannon's hand will be smacked again, this time for going against higher courts' rulings (like the Supreme Court decision in 1974).

www.opb.org

Special counsel appeals judge’s dismissal of Trump documents case

Special Counsel Jack Smith on Wednesday appealed the dismissal of the federal criminal case against former President Donald Trump over his handling of classified documents.
www.opb.org
Click to expand...
Great thoughts, @Smelly Squirrel , @Betty P ,
@SouthAussie !


I'm not a lawyer, so this is a genuine question. If Cannon were to be reprimanded officially for going against higher court decisions, would it change the likelihood of her being removed from the case if the appeal is successful? JMO
 
Betty P said:
Not bad, but IANAL. I was just listening to them talk about steps forward on NPR. They do have to appeal this ruling, though, because if its allowed to stand, there are many, many cases won that would be considered void if Jack Smith is considered not eligible as a Special Prosecutor. The position of Special Prosecutor is legit and needs to have someone to rule that way. Otherwise a lot of criminals will get out of jail and legal decisions reversed.

The way I read it, any legal action taken on a case investigated or referred by a Special Prosecutor is invalidated because it claims the process used to establish the position of Special Prosecutor was unconstitutional or somesuch. That's just bogus. Those of us old enough remember how the position of Special Prosecutor was established during Watergate. It's legitimate.

We also shouldn't have to rely on those charges alone to help win an election. We should be able to do that on our own.
Click to expand...

That was addressed in the article:

As the decision of a single district judge, Cannon’s opinion has no weight as precedent. It is not binding on any other court or judge, not even on other trial judges in her own district. The Justice Department could safely isolate and ignore it as an outlier without concern about it affecting any other case or appointment. Indeed, Cannon herself, in her opinion, made a point of saying her decision does not affect any other case.

In addition, if the Justice Department is worried about the impact of Cannon’s decision on future special counsel appointments, it could work with Congress to pursue an easy legislative fix. A new statute that more expressly authorized the appointment of special counsels would overturn Cannon’s opinion and make it completely irrelevant. But if legislation can’t be passed, DOJ could simply ignore Cannon’s opinion in the future, trusting that other judges will not follow it.
 
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