Southeast
Jack Smith appeals judge's decision to toss Trump's classified documents case in Florida
Special Counsel Jack Smith has filed a notice to appeal a Florida judge’s decision to toss his case against former President Donald Trump related to his handling of classified documents.
U.S. District Judge Aileen Cannon on Monday dismissed Smith’s case, citing that Smith’s special counsel appointment by Attorney General Merrick Garland was unconstitutional.
“Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order,” Cannon, a Trump appointee, wrote in the Monday ruling. “The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”
Trump had faced charges stemming from Smith’s investigation into his possession of classified materials at Trump’s Mar-a-Lago residence. He pleaded not guilty to all 37 felony counts from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice and false statements.
CLASSIFIED DOCS CASE DISMISSAL MEANS ‘GREATEST’ LEGAL ‘THREAT’ TO TRUMP IS ‘GONE’: EXPERTS
The notice of appeal was filed in the 11th Circuit. The Justice Department had no further comment Wednesday. A spokesperson for Smith had previously said that “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,” and that the Justice Department has authorized the Special Counsel to appeal the court’s order.
The Appointments Clause says, “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments.”
Smith, however, was never confirmed by the Senate.
CLARENCE THOMAS SWIPES AT SPECIAL COUNSEL JACK SMITH’S APPOINTMENT IN SCOTUS IMMUNITY CASE
“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme – the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” Cannon wrote Monday.
TRUMP VIP RALLY ATTENDEE SHARES WHAT HE EXPERIENCED DURING THE ASSASSINATION ATTEMPT
“The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere – whether in this case or in another case, whether in times of heightened national need or not,” she continued.
“In the case of inferior officers, that means that Congress is empowered to decide if it wishes to vest appointment power in a Head of Department, and indeed, Congress has proven itself quite capable of doing so in many other statutory contexts. But it plainly did not do so here, despite the Special Counsel’s strained statutory readings,” Cannon added.
Steven Cheung, Trump campaign spokesperson, reacted to Smith’s appeal notice on Wednesday, saying, “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 of the Witch Hunts.”
“The Democrat-led Justice Department should drop these politically motivated, election interference efforts against President Trump immediately. Let us come together to END the weaponization of our justice system and Make America Great Again!” he said.
Cheung was referring to the assassination attempt against Trump at a Pennsylvania campaign rally days earlier.
Fox News Digital’s Bill Mears contributed to this report.
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Southeast
Former federal prosecutor in death row case speaks on Biden commuting murderer's sentence: 'My heart aches'
A former federal prosecutor in the case that sent a man to death row says it is difficult to see a “remorseless murderer” be relieved of his sentence following President Biden’s decision on Monday to commute nearly all federal inmates facing execution.
Brandon Council, of North Carolina, was sentenced to death by a federal jury on Oct. 3, 2019, after he was found guilty of killing two women who worked at a South Carolina bank during a robbery in 2017.
Council was one of the 37 convicted murderers who will now spend life in prison without parole after Biden reclassified their death sentences.
Derek Shoemake, former assistant U.S. attorney for the District of South Carolina and one of the federal prosecutors in the case against Council, told Fox News Digital it was “one of the greatest professional honors” of his life to pursue justice for victims Donna Major, 59, and Kathryn Skeen, 36, and his heart aches for their families following Biden’s decision.
BIDEN COMMUTES SENTENCES OF 37 FEDERAL DEATH ROW INMATES IN FINAL MONTH OF PRESIDENCY
“Donna and Katie were amazing women, wonderful mothers, and beacons of light in their community. Today my thoughts and prayers are with their families, and my heart aches for them as they process this news,” Shoemake said in a statement.
He also said his thoughts and prayers are with the team who “worked for more than a year” getting justice for Major and Skeen, “ensuring a remorseless murderer received a sentence that spoke to the horrific nature of his senseless crimes.”
Council entered CresCom Bank in Conway, South Carolina, on Aug. 21, 2017, with the intention of robbing the business and killing its employees, according to a 2017 news release from the U.S. Attorney’s Office for the District of South Carolina (USAO-SC).
After making it inside, Council shot Major, who was the bank teller, multiple times with a revolver, the USAO-SC said at the time. He then ran into Skeen’s office, where she worked as the bank’s manager, and shot her multiple times while she hid under her desk.
Before fleeing the bank, he stole keys to both victims’ cars, their bank cards and more than $15,000 in cash. He took one of the vehicles to a motel he was staying at, packed his luggage and drove off.
FBI AGENT SAYS BANK ROBBERY SUSPECT BRANDON COUNCIL CONFESSED HE WOULD KILL
“It is difficult to see a sentence wiped away from 400 miles away after it was legally imposed by a jury of men and women from South Carolina who spent weeks listening to evidence, deliberating, and carefully deciding the appropriate punishment,” Shoemake said.
He also said it hurts that the victims’ families “will celebrate yet another Christmas without their loved ones,” while Council is among the 37 federally convicted murderers “celebrating a political victory.”
BIDEN’S DECISION TO COMMUTE SENTENCES FOR DEATH ROW INMATES SPARKS SOCIAL MEDIA FRENZY
Shoemake said his focus is not on the political debate surrounding Biden’s commutations, but on the “legacy of love, family, and faith” that Major and Skeen embodied.
“I pray for their families, as I so often do, and I pray for all the victims’ families impacted today,” he said.
In a White House statement announcing the commutations on Monday, Biden said he condemns the murderers and their “despicable acts,” and he grieves for the victims and families who have suffered “unimaginable and irreparable loss,” but he “cannot stand back and let a new administration resume executions that I halted.”
Only three inmates remain on federal death row as Biden’s presidency nears its end. They are Tree of Life Synagogue shooter Robert Bowers, Charleston church shooter Dylann Roof and Boston Marathon bomber Dzhokhar Tsarnaev.
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Southeast
Fani Willis' disqualification from Trump case has 'overwhelming' impact, legal expert says
George Washington University law professor Jonthan Turley said Fulton County District Attorney Fani Willis was “wrong” to bring the Georgia election interference case against President-elect Trump after a Georgia court disqualified Willis and her team from prosecuting the case on Thursday.
GEORGIA APPEAL COURT DISQUALIFIES DA FANI WILLIS AND HER TEAM FROM TRUMP ELECTION INTERFERENCE CASE
JONATHAN TURLEY: The immediate impact of this decision is overwhelming in terms of Willis herself. I mean, this court is basically saying that these cases are not supposed to be sort of vanity projects. You know, you were told by the lower court that you created this appearance of impropriety and the question for the court is why you didn’t remove yourself. Many of us at the time said that most prosecutors would have seen that their continuation of the case was harming the case and harming the public interest. Willis simply refused to give up the ghost and insisted that she wanted to be the lead in this.
…
She was wrong to bring the case against Trump. You know, there are some viable claims here. You know, she charged some people with unlawful entry or access to restricted areas. Those are not particularly serious crimes, but they are crimes. She was wrong to go after Trump on this basis. She clearly wanted to engage in lawfare, and that’s one of the reasons why she wouldn’t give up the case. You know, when this issue was first raised, many of us wrote at the time that the correct move was to remove yourself. You selected a former lover as the lead counsel. That violated, in my view, core ethical requirements. He was ultimately disqualified by the court. But Judge McAfee gave her a chance to do the right thing. He said, look, this is your conduct is wrong here and you can remove yourself. Well, he was talking to the wrong person. She had no interest in removing herself. I mean, lawfare is only valuable if you’re the lead warrior, and she was not going to give up that position.
The court did not toss Trump’s indictment entirely, but Willis and the assistant DAs working in her office now have “no authority to proceed.”
“After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office,” the filing states. “The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”
In an exclusive interview with Fox News Digital, Trump said the “whole case has been a disgrace to justice.”
“It was started by the Biden DOJ as an attack on his political opponent, Donald Trump,” he said, “They used anyone and anybody, and she has been disqualified, and her boyfriend has been disqualified, and they stole funds and went on trips.”
Trump said the case “should not be allowed to go any further.”
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Fox News’ Brooke Singman contributed to this report.
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Southeast
Fani Willis' reputation 'damaged' after disqualification from Trump case: Georgia reporter
Atlanta Journal-Constitution reporter Greg Bluestein told MSNBC on Thursday that Fulton County District Attorney Fani Willis’s reputation was “damaged” after a court disqualified her and her office from prosecuting President-elect Donald Trump in the election interference case against him.
“Her reputation is damaged, right? This was an unforced error as we said earlier, and, you know, this was all of her own doing, and now it unravels or might unravel one of the signature cases, not just of her career, but in Georgia. It leaves her damaged and it will be interesting to see what case she tries to make when she is expected to appeal this to the Georgia Supreme Court,” Bluestein told MSNBC’s Ana Caberra when asked about what was next for Willis.
The Georgia Court of Appeals on Thursday disqualified Willis and her team from prosecuting Trump and co-defendants in her election interference case. The court did not toss the indictment but declared that Willis and her team now have “no authority to proceed.”
Bluestein noted that Willis had just won re-election in Georgia and that it wasn’t a surprise because Fulton County is a Democratic stronghold.
FANI WILLIS FACES NOTHING BUT SETBACKS IN CASE AGAINST TRUMP, THE LATEST PENDING WITH SUPREME COURT
“After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office,” the filing states. “The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”
Bluestein said, “It is expected to be appealed to the Georgia Supreme Court, but this is a really decisive order against Fani Willis being able to continue this case.”
Willis, who was spearheading the sweeping prosection case against Trump, came under fire after she was accused in February of having an “improper” affair with special prosecutor Nathan Wade, whom she had hired to help prosecute the case.
Wade was ultimately forced to step down from the prosecution team.
JUDGE RULES FANI WILLIS MUST STEP ASIDE FROM TRUMP CASE OR FIRE SPECIAL PROSECUTOR NATHAN WADE
In an exclusive interview with Fox News Digital, Trump said the “whole case has been a disgrace to justice.”
Trump additionally said that the case “should not be allowed to go any further.”
Catherine Christian, a former assistant Manhattan district attorney, also weighed in on the disqualification on MSNBC.
“But usually appellate courts defer to the lower court, the trial judge, who fashioned a remedy. He said Nathan Wade, the man she was having an affair with, had to leave so the office could stay, and this court has said, nope. This court said that Judge MacAfee did not really appreciate that her decision-making wasn’t just the indictment. It was who to charge, how to charge it, and that’s at the time when this alleged romantic relationship was going on, and they said that also was one of the reasons why they think it’s more than an appearance of impropriety. It’s a conflict of interest, and not just her, the entire office is disqualified,” Christian said.
Fox News Digital reached out to Fani Willis’ office for comment.
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