Noteworthy News

[BrianSoddingBoru4]

The classified documents case against former President Donald Trump has been dismissed by Judge Aileen Cannon, according to court records.

The judge ruled that special counsel Jack Smith's apointment was unconstitutional.

"The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution," she wrote.

https://abcnews.go.com/Politics/judge-di...=111951588

Well…fuck.

Boru

[Angrboda]

It's a blessing in disguise. She'll be removed from the case and she won't be there to dismiss after jeopardy has been attached.

[BrianSoddingBoru4]

It's a blessing in disguise.  She'll be removed from the case and she won't be there to dismiss after jeopardy has been attached.

Could you expand on that? Not being flip, I just don’t understand.

Boru

[Angrboda]

It's a blessing in disguise.  She'll be removed from the case and she won't be there to dismiss after jeopardy has been attached.

Could you expand on that? Not being flip, I just don’t understand.

Boru

If Cannon was still presiding when this came to trial, she could wait until the jury was sworn in, and then dismiss it with prejudice. The charges could not be brought again as double jeopardy would be involved. This way, the FBI still has the evidence and another judge can oversee the trial if the 11th Circuit boots her off the case. Regardless, dismissing Jack Smith's charges don't make the case go away.

[BrianSoddingBoru4]

Could you expand on that? Not being flip, I just don’t understand.

Boru

If Cannon was still presiding when this came to trial, she could wait until the jury was sworn in, and then dismiss it with prejudice.  The charges could not be brought again as double jeopardy would be involved.  This way, the FBI still has the evidence and another judge can oversee the trial if the 11th Circuit boots her off the case.  Regardless, dismissing Jack Smith's charges don't make the case go away.

Obliged!

Boru

[The Grand Nudger]

As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts — The January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia “Perfect” Phone Call charges. The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!

The uniter in chief has spoken.

[Thumpalumpacus]

To expand upon @Angrboda's point:

Former U.S. Attorney Barbara McQuade said Monday she thinks Judge Aileen Cannon’s dismissal of former President Trump’s classified documents case could be a “blessing in disguise” for special counsel Jack Smith.

“Look, I think it’s a terrible decision. I think it’s absolutely wrong on the merits, but going forward I think this could actually be a blessing in disguise because it gives Jack Smith an opportunity to appeal the case immediately,” McQuade, an MSNBC legal analyst, said on the channel Monday morning, in an interview highlighted by Mediaite.

“So many of these other decisions were within the judge’s discretion as she was slow-walking the case, but this is one where it’s immediately appealable,” McQuade continued. “And I think she is so clearly wrong on the law that the 11th Circuit will reverse.”

McQuade predicted Trump would likely then appeal the case to the Supreme Court, which ultimately might rule in Trump’s favor. Even if that happens, she said, “The case is not over.”

“All that means is a special counsel can’t bring this case,” McQuade continued. “There is nothing then to stop the U.S. attorney in the southern district of Florida from bringing this case.”

But Cannon’s decision effectively rules out any chance for a trial before the November election.

“But I think we were headed in that direction anyway,” McQuade added. “By making this decision now, Jack Smith sees the legal landscape and can act strategically the way he wants to.”

https://thehill.com/regulation/court-bat...ack-smith/

Assuming McQuade's reading is correct, I wonder that, if this dismissal is overturned or the case refiled by USDA, if it could provide grounds for a motion for recusal, along with the other groundless decisions she's made.

[brewer]

She might have done this to get off the case, desired the unwanted/negative attention to stop.

[Jackalope]

Could you expand on that? Not being flip, I just don’t understand.

Boru

If Cannon was still presiding when this came to trial, she could wait until the jury was sworn in, and then dismiss it with prejudice.  The charges could not be brought again as double jeopardy would be involved.  This way, the FBI still has the evidence and another judge can oversee the trial if the 11th Circuit boots her off the case.  Regardless, dismissing Jack Smith's charges don't make the case go away.

This my understanding as well. However, it does further delay the case, perhaps forever unless he is defeated in November.

[Angrboda]

If I were Garland, I'd not fight the dismissal but refile the charges via a DOJ attorney. Reset the lottery. Don't leave it up to the 11th Circuit.