Judge Cannon Tosses Out Trump Docs Case as Jack Smith Was Illegally Appointed Special Prosecutor
It is actually quite simple. The special prosecutor statute was not renewed by Congress and Jack Smith was not confirmed by the Senate as a United States Attorney. The Constitution is clear on how constitutional officers are to be appointed and confirmed. For some reason Joe Biden’s Justice Department thought it could just bypass all of it. Justice Thomas pointed this out in his concurring opinion in the immunity Supreme Court majority decision.
Once that happened any ethical judge was bound by that language and Judge Cannon did what any responsible judge should do under these circumstances and tossed out the entire case as fruit from an illegal poisonous tree.
Famed defense attorney Robert Gouveia goes through Judge Cannon’s order and legally it seems quite bullet proof:
The DoJ plans to appeal Cannon’s ruling to the 7th Circuit Court of Appeals. There are some dishonest judges in the 7th so Cannon may be overturned there, but it is a virtual certainty that the Supreme Court will uphold her ruling.
Excellent coverage!