Hur underwent senate confirmation. Smith has never had a senate confirmation nor vote. Big difference.
Cannon dismisses the docs case in FL
- Thread starter funksouljon
- Start date
unless it's so horrible that everybody laughs at it. which it might be.
but standing in the shoes of a future SC, I wouldn't want to have to go through this whole tedious fight in every investigation with every defendant
He underwent senate confirmation when he was nominated for us attorney but not as a special counsel. I don’t see where cannon makes that distinction.
Get the facts straight. A special prosecutor is not appointed by congress, they are appointed by the president and confirmed by the senate or appointed to a position created by law, by congress. The confirmation can be as simple as a vote or can be after hearings. Weiss was confirmed as a U.S. Attorney. Jack Smith has never been through any of that process for any position.
His appointment was challenged from the start.
And as such was appointed to a position created by law from congress. You either are confirmed to a position or appointed by the president and confirmed.
I think the remedy for the government is to have someone in the DoJ to refile.
They never had a case to begin with, the optics of refiling the case would look like a witch-hunt. Even Diapers Joe knows he can't afford any more scrutiny than he already has.
Special prosecutors are appointed by the attorney general, not POTUS/Senate.
Prior to today, it was never considered a requirement for the job. You’re confusing this with the various US attourney positions, which DO require senate confirmation.
Do you believe the justice department never has the right to appoint a special counsel?
Don't bother. He'll say it was appropriate in some circumstances that favor his beliefs. He doesn't care about the rule of law.
Again. Don't listen to these asshats who have no idea what they are talking about.
IIRC, jeopardy attaches when the jury is sworn or when the first witness is sworn in a bench trial. So that shouldn't be an issue here. FRCrP 18 requires venue where the offense was committed, unless a statue or rule permits otherwise (plus convenience factors for defendant and witnesses). Perhaps the statue that defines the offense permits venue elsewhere?
History says wrong. Do you believe the Attorney General can appoint a special counsel that has unlimited scope to investigate, prosecute and spend unlimited funds with zero oversight?
You realize that would give the Attorney General more power than the three branches of government. They would be allowed an unlimited budget with zero oversight.
That is why most special counsels are former U.S. attorneys as they have been confirmed by the senate and the confirmation has not been allowed to expire.
Jack Smith had never been confirmed nor held a position created by congress, both of which means they have been somewhat "vetted".
Under your supposed theory, the Attorney General could pluck an attorney out of any law firm and make them a special counsel with wild powers.
I saw this theory and initially liked it. Would get re-shuffled (likely) to another judge. But I don’t think the AG would want to allow precedent of having this decision out there.
Smith was a private citizen working over in the Hague. He was never confirmed by the Senate like Hurr was. Hurr was an approved US Attorney. US Attorney's have specific jurisdiction and budget. Smith has unlimited funding and brought cases in both DC an Florida. The two are not anywhere the same.
Here’s the thing (and I know you know this)…the current SCOTUS would twist anythjng to favor Trump right now while ruling the opposite (like Hunter Biden) for the other side.
It’s beyond ridiculous the lengths to which institutions have been corrupted to favor the Orange Turd with the tiny peen. It’s stunning.
There was NO statute passed by Congress to allow for special counsel. DOJ passing their own rules doesn't count, bonehead. It's exactly why TWO former AG made the amicus brief and one of them showed up in Cannon's court when she had the hearing. It's completely unconstitutional and you left wing loons don't know what you're talking about.
Mueller was appointed by rosenstein without senate confirmation and Bua, Wilkey and Lacey were all appointed by Barr without senate confirmation.
You actually think this will get to SC and stand? Totally ridiculous stance. It's dead.
Figures you got nothing cause you're an idiot who doesn't have his own ideas, just posts others on Twitter.
Yes, but there might actually be an issue with Smith appealing the case itself if he's not recognized as legitimate counsel for the government. It's a nuance, but if Cannon had not dismissed the case, but ruled Smith out, co-counsel could be allowed to continue the case AND appeal Smith being dismissed. I don't know enough about the federal rules and process, and this is novel.
Bob Mueller was the second longest FBI Director. This is a lawful position created by Congress and his having been appointed to that position is a qualifier. We are talking Special Counsels of which the other three are not. The last six;
Patrick Fitzgerald
Bob Mueller
John Durham
Jack Smith
Robert Hur
David Weiss
I explained Bob Mueller, the others except Smith were Senate confirmed to position being approved by the Senate. We can go back further in history if you want.
You are correct. It is a situation that would never have played out if they had chosen someone that had been confirmed at some point by the Senate or held an appointed position authorized by congress.
Mueller was a private citizen when appointed.
Juan Merchan's case and convictions are next to be overturned. The Judicial System is not the place to play politics. It never works.
Mueller had HELD a position created by law. Does not matter that he was retired. His credentials and clearances within government had not expired. Because of his position he had clearances and access to information as do people who have been Senate confirmed. Have you ever held any type of security clearance? That is why you don't appoint just any ole lawyer who has no security clearance. Jack Smith had none but they were giving him access to information he had no right to access.
Technically, in NY, the convictions aren't recorded and official until sentencing. Merchan can still declare a mistrial, dismiss the charges, or finish the process and get overturned in NY or at the federal level.
