Jack Smith to Appeal Judge Cannon’s Decision Tossing Trump’s Classified Documents Case to 11th Circuit Court of Appeals – IOTW Report

Jack Smith to Appeal Judge Cannon’s Decision Tossing Trump’s Classified Documents Case to 11th Circuit Court of Appeals

GP: Judge Aileen Cannon on Monday dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.

The charges waged against Trump and his co-defendants Walt Nauta and Carlos De Oliveira were all tossed.

Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents. more

17 Comments on Jack Smith to Appeal Judge Cannon’s Decision Tossing Trump’s Classified Documents Case to 11th Circuit Court of Appeals

  1. Any judge worth his salt knows this is ginned up political lawfare (witch is getting tougher to do with Trump) so he’s gonna have to find one who will take a BIG sack of money in return for giving him the results he wants.

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  2. Jack Smith is going to appeal Cannon’s decision to the 11th Circuit Court of Appeals.
    “A spokesman for Smith said the Department of Justice later Monday had authorized the special counsel to appeal Cannon’s decision tossing the case to the 11th Circuit U.S. Court of Appeals.” CNBC reported.

    And the Department of Justice will fund that appeal, while Trump has to pay his lawyers to continue to make his case… This is what is so difficult about challenging the government in the court system: it gets to use your money while you also have to come up with funds for your legal team.

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  3. he was ‘appointed.’ What was struck down was his being appointed, in that the ‘appointer’ had no authority to do so. At present he is an ordinary citizen, like everyone else. If they want to challenge his dismissal, the ‘appointer, and not the ‘appointed’ should have to prove the merit of their challenge before it could proceed. His challenge should be dismissed, as he has no standing in the challenge as it is presented.

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  4. he is the beneficiary of a constitutional violation. He doesn’t want to lose his benefit of that violation. Unfortunately, that benefit doesn’t legally exist. Sometimes reality sucks, doesn’t it jack?

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  5. @Toby Miles — I wish it were so, but at end of the very first paragraph of Judge Cannon’s ORDER GRANTING MOTION TO DISMISS she says, “The effect of this Order is confined to this proceeding.”

    Her ruling doesn’t seem to affect Smith’s relationship with DOJ…yet. It sure as hell OUGHT TO but it doesn’t appear that it does. Who would have standing to sue the DOJ over the constitutionality of Smith’s bogus appointment? I imagine that depending on the court where such suit may be brought that NOBODY has standing (particularly if you ask our crack Chief Justice).

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  6. Uncle Al,

    That’s a shame… Because he shouldn’t be getting paid “special prosecutor” wages if he’s not an actual “special prosecutor”. Time for one of those GSA payroll audits…

    KR

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  7. Uncle Al- yeah, she could only rule on the motion brought before her, in her courtroom. Her judgement does set precedent for other possible, similar future motions, in her courtroom or others.
    It is interesting, in that he is now not recognized in her court as who he argues himself to be. Right now he ‘identifies’ as a special prosecutor. lol

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  8. @Toby — Yeah, my fantasy was that Judge Cannon would rule that Smith’s unconstitutional actions were deliberate and were prima facie evidence of treason, declare him guilty, and then order her bailiff to zap him with his taser and keep the juice flowing until the batteries died.

    “But that would be wrong.” — R.M.Nixon, c.1972

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