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Cannon dismisses the docs case in FL

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She referred to Mueller as a private citizen.
Mueller was a private citizen as am I. As I stated, with clearances and him being vetted he can be voluntarily recalled to service to his country if he so desires to accept. He did not need re-vetted.
 
...which would matter under Cannon's reasoning if he were actually prosecuting someone, enfeebled or otherwise. But here's the thing - I'm fairly confident that notwithstanding the potential impropriety of the appointment, Congress' Article I oversight authority would not preclude it using whatever Hur dredged up however it pleased in, say, an oversight hearing context, short of a constitutional privilege such as self incrimination or 1A press protections. (For example, it often surprises people to learn that Congress technically doesnt recognize the attorney privilege when they really want something.)
Why are you referencing basically an opinion piece by Shave Roisman?
 
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.
That has nothing to do with the issue here. It’s the same issue.
 
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.

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 a Florida. The two are not anywhere the same.
Cannon is literally the only federal judge to make this determination. This is not the first time it has been questioned, and it’s been supported every other time.
 
Cannon is literally the only federal judge to make this determination. This is not the first time it has been questioned, and it’s been supported every other time.
They literally do not care that Trump stole top secret documents and sold them to foreigners. You can't convince these dipshits otherwise. I've officially given up. They can't see reality. It all comes down to the ballot boxes in November. MAGA can't be convinced they follow a conman. None of them care. A rapist is better than a lib. We're fvcked.
 
Why are you referencing basically an opinion piece by Shave Roisman?
I have no idea who that is and am not referencing anyone. But the reality is that article I powers are a very different animal. Your better argument would be that materials obtained without constitutional authority are subject to some privilege. But I’m unaware of any version of the exclusionary rule in criminal prosecutions ever being applied to an article I oversight proceeding.
 
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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.
"They never had a case to begin with" - you can't be serious! This indictment is extremely trial-worthy with a high probability of conviction. Trump refused to return classified documents even repeatedly ignoring subpoenas definitely warranting felony charges. Cannon's dismissal today had absolutely nothing to do with components of the prosecution's case. They're still in place and all the evidentiary work done by the special prosecutor can be easily transferred to a US prosecuting attorney from the Southern District of Florida. The US prosecuting attorney can simply re-indict Trump.
 
Cannon is literally the only federal judge to make this determination. This is not the first time it has been questioned, and it’s been supported every other time.
Wrong. Under what federal statute did they cite when appointing Smith? There has to be a federal statute.
 
They literally do not care that Trump stole top secret documents and sold them to foreigners. You can't convince these dipshits otherwise. I've officially given up. They can't see reality. It all comes down to the ballot boxes in November. MAGA can't be convinced they follow a conman. None of them care. A rapist is better than a lib. We're fvcked.
Okay Tom, have you seen the documents? What documents were stolen and sold. Conjecture on your part. Did Jack Smith have authority under what federal statute to make any determination about documents. You are evidently aware of the FBI staging for photos of evidence.
 
"They never had a case to begin with" - you can't be serious! This indictment is extremely trial-worthy with a high probability of conviction. Trump refused to return classified documents even repeatedly ignoring subpoenas definitely warranting felony charges. Cannon's dismissal today had absolutely nothing to do with components of the prosecution's case. They're still in place and all the evidentiary work done by the special prosecutor can be easily transferred to a US prosecuting attorney from the Southern District of Florida. The US prosecuting attorney can simply re-indict Trump.
I hope they do as you will see your definition of a trial worthy case with a high probability of conviction get torn apart very quickly.
The facts state that Trump was in contact and working with the caretakers of all of these documents to go through and return what was not disputed. There are many facets of the raid that we could discuss for three more pages that were not correctly executed. Biden's possession and lack of prosecution for documents taken as a senator would also be allowed.
I hope they bring the case.
 
I know you disagree with the authority but garland cited 28usc 509, 510, 515, 553 and 28 cfr 600.
Again what are those statutes and explain how they pertain to appointment of a special council and how do those statutes explain what he was going to investigate to prosecute?
Garland cannot just pluck Jack Smith out and say go find something on Trump to prosecute no matter where you have to go to find it. Doesn't work that way for either political party.
Do you even know what 28 USC says?
 
I watch NBC national news every night because Lester Holt comes across as so sincere. During Trump’s White House years, nearly every night Trump news was called stunning or shocking. Happened again tonight with the court verdict.
Hasn’t happened at all under the Biden presidency.
I know Lester only reads from the tele-prompter, but the NBC news writing team apparently remains in place.
 
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Again what are those statutes and explain how they pertain to appointment of a special council and how do those statutes explain what he was going to investigate to prosecute?
Garland cannot just pluck Jack Smith out and say go find something on Trump to prosecute no matter where you have to go to find it. Doesn't work that way for either political party.
Do you even know what 28 USC says?

Like I said, I know you don’t agree.
 
"They never had a case to begin with" - you can't be serious! This indictment is extremely trial-worthy with a high probability of conviction. Trump refused to return classified documents even repeatedly ignoring subpoenas definitely warranting felony charges. Cannon's dismissal today had absolutely nothing to do with components of the prosecution's case. They're still in place and all the evidentiary work done by the special prosecutor can be easily transferred to a US prosecuting attorney from the Southern District of Florida. The US prosecuting attorney can simply re-indict Trump.
Yes, an idiot could re-indict but they have a low conviction rate so I'm pretty sure they will pass on this one.
 
Like I said, I know you don’t agree.
It's not about agreeing. It is about understanding 28CFR 600 and what powers that provides. If you cite 28USC 509 how does that relate to either of the cases Jack Smith brought against Trump?
It's easy to say, "I know you don't agree" but support your position with an actual fact, not what some media hack has regurgitated.
 
Code of Federal Regulations, Title 28, part 600 (28 CFR §600)
II. Special Counsel Regulations

At the end of the Appointment Order, there is the following reference to Department of Justice regulations: “Sections 600.4 to 600.10 of title 28 of the Code of Federal Regulations are applicable to the Special Counsel.” Appointment Order at 2. Those regulations, hereinafter referred to as the “Special Counsel Regulations” or “Regulations,” are in force today, and they stem from a Final Rule promulgated by the Office of the Attorney General in July 1999 and later codified at 28 C.F.R. §§ 600.1 through 600.10. See Office of Special Counsel, 64 Fed. Reg. 37038 (July 9, 1999).6 The Notice of Final Rule states that the regulations “replace the procedures for appointment of independent counsel pursuant to the Independent Counsel Reauthorization Act of 1994,” and it cites as statutory authority the following seven statutes in Title 28, Chapter 31 of the United States Code: 28 U.S.C. §§ 509, 510, 515–519.


You know what this means? It means Congress never passed this statute and it was made by the DOJ on their own. Unconstitutional along with the endless money pit afforded to Smith.
 
II. Special Counsel Regulations

At the end of the Appointment Order, there is the following reference to Department of Justice regulations: “Sections 600.4 to 600.10 of title 28 of the Code of Federal Regulations are applicable to the Special Counsel.” Appointment Order at 2. Those regulations, hereinafter referred to as the “Special Counsel Regulations” or “Regulations,” are in force today, and they stem from a Final Rule promulgated by the Office of the Attorney General in July 1999 and later codified at 28 C.F.R. §§ 600.1 through 600.10. See Office of Special Counsel, 64 Fed. Reg. 37038 (July 9, 1999).6 The Notice of Final Rule states that the regulations “replace the procedures for appointment of independent counsel pursuant to the Independent Counsel Reauthorization Act of 1994,” and it cites as statutory authority the following seven statutes in Title 28, Chapter 31 of the United States Code: 28 U.S.C. §§ 509, 510, 515–519.


You know what this means? It means Congress never passed this statute and it was made by the DOJ on their own. Unconstitutional along with the endless money pit afforded to Smith.
I think they knew this all along, but it was evidently an attempt to throw mud at the wall and see if anything sticks.
 
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II. Special Counsel Regulations

At the end of the Appointment Order, there is the following reference to Department of Justice regulations: “Sections 600.4 to 600.10 of title 28 of the Code of Federal Regulations are applicable to the Special Counsel.” Appointment Order at 2. Those regulations, hereinafter referred to as the “Special Counsel Regulations” or “Regulations,” are in force today, and they stem from a Final Rule promulgated by the Office of the Attorney General in July 1999 and later codified at 28 C.F.R. §§ 600.1 through 600.10. See Office of Special Counsel, 64 Fed. Reg. 37038 (July 9, 1999).6 The Notice of Final Rule states that the regulations “replace the procedures for appointment of independent counsel pursuant to the Independent Counsel Reauthorization Act of 1994,” and it cites as statutory authority the following seven statutes in Title 28, Chapter 31 of the United States Code: 28 U.S.C. §§ 509, 510, 515–519.


You know what this means? It means Congress never passed this statute and it was made by the DOJ on their own. Unconstitutional along with the endless money pit afforded to Smith.
Exactly. No statutory authority. How many times do you have to ask for those who want to banter to cite authority.
 
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It's not about agreeing. It is about understanding 28CFR 600 and what powers that provides. If you cite 28USC 509 how does that relate to either of the cases Jack Smith brought against Trump?
It's easy to say, "I know you don't agree" but support your position with an actual fact, not what some media hack has regurgitated.

I’m not saying it’s my position, I’m saying it was garland’s position.
 
Throwing mud at the wall??

No, that was the GOP House inquiry into a Biden impeachment.

Stop being stupid.
The GOP house inquiry is based on more fact than an impeachment over a phone call. You do understand neither party is ever going to inquire or impeach when they have the votes. Suicide for either party unless there is a real egregious matter with complete bi-partisan support.
To act as though both parties do not use inquiries for political theater shows your naivety.
 
I’m not saying it’s my position, I’m saying it was garland’s position.

FWIW

§533. Investigative and other officials; appointment
The Attorney General may appoint officials—

(1) to detect and prosecute crimes against the United States;

(2) to assist in the protection of the person of the President; and

(3) to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General.


This section does not limit the authority of departments and agencies to investigate crimes against the United States when investigative jurisdiction has been assigned by law to such departments and agencies.
 
Exactly. No statutory authority. How many times do you have to ask for those who want to banter to cite authority.
They have the TDS brain worm and only function as leftist zombies. Your explanations and citations are correct, of course, and those of us with cognitive normacy thank you.
 
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I know you disagree with the authority but garland cited 28usc 509, 510, 515, 553 and 28 cfr 600.
Did you even READ Cannon's opinion? How about you start on page 23 and educate yourself. 509 & 510 literally have nothing to do with the appointment. 600 was NOT passed by Congress but added by the DOJ after the independent counsel expired.

Totally ridiculous arguments.
 
Did you even READ Cannon's opinion? How about you start on page 23 and educate yourself. 509 & 510 literally have nothing to do with the appointment. 600 was NOT passed by Congress but added by the DOJ after the independent counsel expired.

Totally ridiculous arguments.

It was the DOJs argument not mine.
 
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