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Trump's classified docs case dismissal is a rebuke of Biden's out-of-control DOJ
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It never made sense or seemed right. With the wave of a wand, a private citizen was granted unlimited power to prosecute a former president of the United States.
In a tectonic opinion issued Monday, U.S. District Judge Aileen Cannon ruled that the appointment of special counsel Jack Smith was unconstitutional. As a consequence, she correctly dismissed the Florida criminal indictment of Donald Trump over his handling of classified documents.
Smith and the Department of Justice (DOJ) will likely file an immediate appeal to a higher court. But Cannon’s well-reasoned 93-page opinion establishes a clarifying record of sound legal judgment that will be difficult to overcome. At some point, the U.S. Supreme Court may be forced to intervene.
JUDGE DISMISSES TRUMP’S FLORIDA CLASSIFIED DOCUMENTS CASE
At the heart of the federal judge’s decision is the Appointments Clause of the Constitution which provides the exclusive means for selecting all “Officers of the United States.” They must be appointed by the president and confirmed by the senate. Smith failed both requirements.
Instead, he was anointed special counsel by Attorney General Merrick Garland on November 18, 2022, without legitimate statutory authority. His unilateral act commandeered the legislative right of Congress that animates and preserves our revered separation of powers.
Cannon concluded, “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.” (Opinion, page 91)
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In two seminal cases, the U.S. Supreme Court emphasized that the Appointments Clause is “more than a matter of ‘etiquette or protocol’; it is among the significant structural safeguards of the constitutional scheme.” (Edmond v. United States, 520 U.S. 651; Buckley vs. Valeo, 424 U.S. 1)
In naming Smith to his almighty position, Garland relied mainly on internal regulations devised by the DOJ that deliberately circumvented Congress. Tradition and “historical practice,” he argued, justified his maneuver.
However, that was a clever misrepresentation of inconsistent history. While it is true that other special counsels have operated without specific legislative consent —Patrick Fitzgerald, Robert Mueller, John Durham, David Weiss, and Robert Hur— all of them had been presidentially appointed and Senate approved in prior positions as officers of the United States. Smith never was.
Belatedly, and in opposition to Trump’s motion to dismiss the case against him, Garland and Smith cited a handful of statutes that purported to rationalize the appointment. But Judge Cannon methodically disassembled them as wholly inapplicable to a special counsel who was given nearly unfettered authority to do as he pleases.
CLASSIFIED DOCS CASE DISMISSAL MEANS ‘GREATEST’ LEGAL ‘THREAT’ TO TRUMP IS ‘GONE’: EXPERTS
What concerned Cannon was how Garland’s selection of Smith “imposed almost no supervision or direction over the special counsel and gave him broad power to render final decisions on behalf of the United States.” (Opinion, page 72)
How is it possible that an attorney general could vest in a private citizen the immense and unchecked power of a U.S. Attorney when, in fact, Smith is not and never was? His role is not to assist an approved U.S. Attorney but replace one entirely.
By evading constitutional restrictions, Garland single-handedly stripped Congress of its vital role of Senate approval. Judge Aileen Cannon remedied this mistake. In doing so, she built on the compelling contentions of two former Attorneys General, Edwin Meese and Michael Mukasey, who filed an amicus (“friend of the court”) brief. Their persuasive arguments can be seen writ large throughout the opinion.
Cannon also expressed alarm at the $12 million already spent by Smith and where exactly the money came from. The expenses were not doled out by Congress, which means that both Garland and the special counsel violated the Appropriations Clause of the Constitution in much the same way that his assignation was unlawful abuse of the Appointments Clause.
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If the decision dismissing the prosecution of Trump ever reaches the nation’s highest court, it will meet at least one justice who had already questioned the legitimacy of the special counsel. Justice Clarence Thomas expressed serious misgivings during the recent presidential immunity case. Indeed, Cannon cited it in her lengthy opinion.
Regardless, the current ruling makes it effectively impossible for Smith’s Florida classified documents case from reaching trial before the presidential election in November or even the inauguration should Trump prevail at the ballot box.
Federal Judge Aileen Cannon. (US Courts) (US Courts )
The judge did not address the merits of the indictment, which had troubling aspects of prosecutorial overreach in the stacking of charges that seemed weaker by the dozen.
Cannon’s ruling is not binding on the federal judge in Smith’s other case against Trump in Washington, D.C. over alleged election-interference. But that prosecution is already stalled by the two recent Supreme Court decisions over the immunity issue and the improper use of an obstruction statute.
Nevertheless, Justice Thomas’ observation that Smith is acting without authority may breathe new life into Trump’s long-term defense in the January 6th case against him.
The erosion of Jack Smith’s misbegotten prosecutions represents an important course correction in the increasingly abusive tactics employed by President Joe Biden’s Justice Department and his sycophantic attorney general. These cases, as well as those brought by local district attorneys in New York and Georgia, were always politically driven and legally anemic persecutions designed to delegitimize Trump’s electoral chances.
They have boomeranged spectacularly.
It is a reminder of what the English philosopher and jurist, Jeremy Bentham, once said, “It is never the law itself that is in the wrong; it is always some wicked interpreter of the law that has corrupted and abused it.”
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An elections board in North Carolina has once again deferred granting certification to Robert F. Kennedy, Jr. and Cornel West, citing concerns over how their nominating signatures were obtained.
Members of the North Carolina State Board of Elections claimed at a Tuesday hearing that during several probing phone calls to voters registered with the two candidates’ parties, some signers did not know they had been nominating Kennedy or West.
Board personnel reached out to 26 voters who signed petitions for Kennedy’s We The People party and 66 who signed for West’s Justice for All party. It is not clear how many of those contacted are alleged to have been confused about the purpose of their signatures.
RFK JR DENOUNCES ‘SPOILER’ LABEL, REJECTS DEM PARTY LOYALTY CONCERNS: ‘I’M TRYING TO HURT BOTH’ CANDIDATES
Independent presidential candidate Robert F. Kennedy, Jr. speaks during a voter rally at The Hangar at Stanley Marketplace in Aurora, Colorado. (Helen H. Richardson/The Denver Post)
General counsel Lindsey Wakely said 12 signers of the Justice for All petition did not remember signing the petition.
Every individual contacted from the We the People party petition reportedly remembered signing their name, according to local outlet Port City Daily.
State election officials previously confirmed that the We the People party submitted more than the 13,865 valid signatures necessary to register as a political party ahead of the 2024 election. The Justice for All party similarly turned in more than the minimum number of signatures necessary.
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Presidential candidate Dr. Cornel West is seen speaking to the press following a rally in Harlem, New York City. (Selcuk Acar/Anadolu via Getty Images)
Debate has erupted in the state over whether opposition to Kennedy and West’s names on the ballot is based on legitimate ethical concerns or political gamesmanship to protect President Biden from third party candidates.
Republican member of the election board Kevin Lewis reportedly expressed frustration with the continued obstacles to Kennedy and West, questioning the motives of his Democrat colleagues.
“You know how I voted the last time and I hope fellow board members will do the right thing and approve these partners today,” Lewis said, according to Port City News.
President Biden and former President Trump participate in the CNN Presidential Debate in Atlanta. (Andrew Harnik/Getty Images)
Kennedy has repeatedly denied accusations that he is running as a spoiler against Biden, claiming that he is “trying to hurt both” the president and his opponent, former President Trump.
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A sea turtle has been sent back into the ocean off the coast of Florida after recovering from some serious wounds.
Bubba is a 375-pound loggerhead sea turtle who was found by biologists with Inwater Research in St. Lucie County, Florida, on April 10.
Biologists noticed the large animal had injuries on both of his front flippers, so they stepped in to help.
TEXAS AQUARIUM RESCUING COLD-STUNNED TURTLES AMID HISTORIC CHILLY WEATHER
After using a crane to pull him out of the water and into the back of a pickup truck, Bubba was brought to the Brevard Zoo Sea Turtle Healing Center in Melbourne, Florida, the center told Fox News Digital.
At the rehabilitation center, it took seven volunteers to lift Bubba’s large presence out of the truck and into the facility.
Bubba was rehabilitated in Florida after being found with injured flippers and more. (Brevard Zoo)
A preliminary exam confirmed that Bubba’s front flippers were injured, likely due to an attack, and that he needed treatment as soon as possible.
SEA TURTLE WITH NET AROUND ITS NECK IS RESCUED BY SPEEDBOAT TOUR GUIDE IN HEROIC MOMENT
He also had an intense infestation of marine leeches, which caused the sea turtle to become anemic, according to the Brevard Zoo.
Bubba spent three months at the Brevard Zoo Sea Turtle Healing Center. (Brevard Zoo)
Although Bubba was Brevard Zoo’s first adult male loggerhead patient, they determined he was anywhere between 60 and 75 years old — and likely a great-grandfather.
‘COLD-STUNNED’ SEA TURTLES RESCUED IN GEORGIA DUE TO ‘UNUSUAL EXTREME COLD WEATHER’
A spokesperson for the Brevard Zoo told Fox News Digital that Bubba went through an intense rehabilitation process.
“In addition to receiving antibiotics and good nutrition, 375-pound Bubba received regular wound cleanings along with cold laser therapy on his front flippers,” the spokesperson said.
Brevard Zoo said that over 300 people showed up to see Bubba’s triumphant return to the ocean. (Brevard Zoo)
“Our Healing Center team’s goal is to release all our sea turtle patients back to the ocean, which was especially important for Bubba, who is a breeding male.”
After three months of rehabilitation, Bubba finally returned to the water on Wednesday, July 10, with 300 bystanders cheering him on.
“Being able to share what the Brevard Zoo’s Sea Turtle Healing Center does with the community is a blessing.”
Brevard Zoo’s Sea Turtle Healing Center manager Shanon Gann told Fox News Digital this might have been their best-attended release ever.
Bubba was released back into the water in St. Lucie County, Florida, on July 10. Some 300 bystanders cheered him on. (Brevard Zoo)
“Being able to share what the Brevard Zoo’s Sea Turtle Healing Center does with the community is a blessing,” she said.
She added, “Releasing Bubba was extra special because we know he is a reproductive male, and we are currently in nesting season.”
A 375-pound sea turtle was released back into the ocean after his rehab. (Brevard Zoo)
Gann said the zoo’s veterinary staff are on call 12 hours a day, 365 days a year to “assist sick and injured sea turtles,” and that she was excited to see so many people show up for Bubba’s release.
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The Brevard Zoo opened its gates to the public in March 1994.
Since then, it’s had a mission of caring for animals, connecting visitors with the natural world, educating diverse audiences, inspiring the community and achieving conservation results, the zoo said.
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Southeast
Stacey Abrams rejects Biden concerns, says no Joe voters will flip to ‘bombastic, fascistic liar’ Trump
High-profile Democrat Stacey Abrams joined the few in her party who have broken their silence on President Biden’s candidacy, saying she is fully behind the incumbent while doubting the debate fallout will change liberal minds.
Abrams, a former Georgia State House minority leader who famously refused to concede her loss to Gov. Brian Kemp in the 2018 election, said no one on the left is suddenly fleeing Biden’s camp for Trump.
“The anti-Biden doom loop feels loud right now, but it is largely a phenomenon among those who obsessively follow the news or want to make the news,” Abrams wrote in the Atlanta Journal-Constitution.
“Most of the voters Biden has won and needs to win again already know his foibles, and they aren’t turning in droves to say, ‘I’m now voting for the bombastic fascistic liar’.”
GEORGIA GOV. KEMP SLAMS STACEY ABRAMS AS ‘BIGGEST FLIP-FLOPPER SINCE JOHN KERRY’ REGARDING GEORGIA BOYCOTTS
Stacey Abrams (Dustin Chambers/Bloomberg via Getty Images)
Trump has slammed Abrams multiple times in the past, including in regard to a so-called “consent decree” between Georgia officials and Abrams-aligned political activists regarding ballot signature matching procedures in 2020.
The former president, however, has also obliquely praised Abrams when lashing out at Kemp; the rare conservative he has publicly criticized.
“Of course, having [Abrams] I think might be better than having your existing governor, if you want to know the truth,” Trump quipped during a 2021 rally in Perry, Georgia.
In her comments, Abrams said the Trump-Biden debate fallout has concentrated on “performance versus principle.”
STACEY ABRAMS ONCE-POWERFUL VOTING RIGHTS GROUP FACES MASSIVE LAYOFFS, MILLIONS IN DEBT
Donald Trump arrives at Trump Tower. (Felipe Ramales for Fox News Digital)
“Good people stumble. Liars lie,” Abrams said. “In the face of the latter, we have become myopically fascinated because, for some, soothing anxiety seems easier than confronting the slow-motion death of democracy.”
Abrams argued that, among the two contenders, Biden is the only one who does not pose a threat to America’s institutions.
She called Trump a “self-serving felon” who embodies “dictatorial tendencies” that outweigh any concerns about Biden.
Abrams went on to call for Biden to stay in the White House and remain in the presidential race, arguing that starting fresh this late in the game could weaken Democrats’ message and supplant a man with a “significant national record.”
Stacey Abrams during a “One Georgia Tour” campaign event in Atlanta on March 14, 2022. (Elijah Nouvelage/Bloomberg via Getty Images)
“Let’s be clear: The wishful benefits of a contested convention or a late-stage exit are vastly outweighed by the potential harm. President Joe Biden has the integrity, moral character and record needed to beat Donald Trump in November,” Abrams said.
“Our path to victory lies in standing by Biden and understanding the high stakes of this election.”
Abrams unsuccessfully ran against Kemp in 2022, but conceded soon after the election.
The Trump campaign did not respond to a request for comment for purposes of this story.
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