FL - Former President Donald Trump indicted, 40 counts, classified documents and obstruction of justice, June 2023, Trial May 2024 #2
- Thread starter sds71
- Start date
This shouldn't come as a surprise to anyone, this was expected.
It has to be challenged all the way.
)
Chelly
Well-known member
- Joined
- Feb 21, 2013
- Messages
- 18,785
- Reaction score
- 66,679
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.
“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.
Chelly
Well-known member
- Joined
- Feb 21, 2013
- Messages
- 18,785
- Reaction score
- 66,679
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.
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.
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.
Chelly
Well-known member
- Joined
- Feb 21, 2013
- Messages
- 18,785
- Reaction score
- 66,679
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?
Smelly Squirrel
(Taylor's Version)
- Joined
- Jul 13, 2011
- Messages
- 4,065
- Reaction score
- 19,164
This attorney says it would be quicker for Smith to refile the case rather than appeal.
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.
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.
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.
This attorney says it would be quicker for Smith to refile the case rather than appeal.
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.
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.