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What ELSE we're voting for Nov 5: Why the Maga Six will uphold Cannon's ruling to dismiss the documents case. [View all]
When the Immunity ruling was made July 1 2024, Clarence Thomas gave Cannon the reasoning the SCOTUS WOULD SUPPORT re the existence of the present special counsel.
At this point, Jack Smith (the People of the United States v Trump) CAN appeal to the 11th Circuit, AND the 11th Circuit CAN remove Cannon for this ruling, BUT the 11th ALSO knows that its decision will be appealed and the maga 6 injustices WILL OVERRULE THE 11TH CIRCUIT for the reasons Clarence Thomas gave in the maga 6's latest Immunity ruling.
isn’t this merely the sort of crabbed legalism that nonlawyers find infuriating and that should not be part of a discussion of momentous matters like the prosecution of Mr. Trump? No, for reasons best articulated by Robert Jackson, who was attorney general before FDR appointed him to the Supreme Court in 1941. In a 1940 address to a conference of U.S. attorneys, he described the immense and unchecked power that federal prosecutors have to investigate people, to interview their friends and relatives, to authorize their arrest and secure their prosecution.
He noted that the appointment of U.S. attorneys “from the very beginning has been safeguarded by presidential appointment, requiring confirmation of the Senate. . . . You are thus required to win an expression of confidence in your character by both the legislative and the executive branches of the government before assuming the responsibilities of a federal prosecutor.”
Jack Smith hasn’t passed that test, and with his record of having lost cases both at trial and on appeal because of his overreaching approach to criminal law, likely wouldn’t. At a minimum, these prosecutions should be handled by a duly appointed and confirmed U.S. attorney who has.
Mr. Mukasey served as U.S. attorney general, 2007-09, and as a U.S. district judge, 1988-2006. He joined a friend-of-the-court brief challenging both the creation of Mr. Smith’s office and his appointment in the Florida case.
He noted that the appointment of U.S. attorneys “from the very beginning has been safeguarded by presidential appointment, requiring confirmation of the Senate. . . . You are thus required to win an expression of confidence in your character by both the legislative and the executive branches of the government before assuming the responsibilities of a federal prosecutor.”
Jack Smith hasn’t passed that test, and with his record of having lost cases both at trial and on appeal because of his overreaching approach to criminal law, likely wouldn’t. At a minimum, these prosecutions should be handled by a duly appointed and confirmed U.S. attorney who has.
Mr. Mukasey served as U.S. attorney general, 2007-09, and as a U.S. district judge, 1988-2006. He joined a friend-of-the-court brief challenging both the creation of Mr. Smith’s office and his appointment in the Florida case.
https://archive.ph/bkdPM
On November 5 We the voters will have to solve this maga 6 constitutional crisis.
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