Ep 47 — Trump Gets Christmas In July Thanks To Judge Aileen Cannon
Jul 16, 2024
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Judge Aileen Cannon made a groundbreaking decision, deeming special counsels illegal. The hosts critique the bias accusations, discuss the evolution of Alec Baldwin's case, analyze the legal arguments around Special Counsel Jack Smith's appointment, explore historical contexts, and delve into the implications of Judge Cannon's ruling. They also discuss the transformation of the independent counsel act, the constitutionality of the Independent Counsel statute, and the potential paths for the Special Counsel post-court ruling.
Judge Cannon's dismissal undermines the precedent of special counsels, highlighting a flaw in legal interpretation.
De Facto Officer Doctrine's relevance for appointments is neglected by Judge Cannon, jeopardizing established legal principles.
Judge Cannon's ruling implies a departure from legal norms, raising concerns about her grasp of legal principles.
Deep dives
Judge Cannon's Erroneous Interpretation of the Appointments Clause
Judge Cannon dismisses Trump's case based on an argument that the special counsel, Jack Smith, was illegally appointed, violating the Appointments Clause. However, her interpretation is flawed as the special counsels can be legally appointed by the Attorney General, and Congress did not raise an issue about the appointment authority in Nixon's case.
De Facto Officer Doctrine Challenges Cannon's Decision
The De Facto Officer Doctrine should apply in Jack Smith's case, where even if an appointment is later found invalid, it doesn't invalidate actions performed by the individual acting in good faith under the title. Judge Cannon abandons this doctrine and dismisses the case based on an untenable premise.
Options Moving Forward: Appeal or DOJ Intervention
Special counsel has the option to appeal to the 11th Circuit, challenging Judge Cannon's ruling. Alternatively, the DOJ could involve a different prosecutor or entity like the Public Integrity Unit to refile the case without facing the limitations of Judge Cannon's erroneous dismissal. Double Jeopardy does not apply in this case.
Concerns About Judge Cannon's Judicial Decisions
Judge Cannon's ruling raises concerns about her grasp of legal principles, including a flawed interpretation of statutes and a dismissal that defies established legal doctrines. This decision prompts uncertainty and potential for further legal challenges.
Implications for Future Legal Jurisprudence
Judge Cannon's dismissal sets a concerning precedent for legal proceedings, as it demonstrates a misinterpretation of fundamental legal concepts and shows a lack of adherence to established judicial practices. This could impact future cases and the integrity of legal decision-making.
Judge Cannon blows up the documents case by declaring special counsels illegal. All she had to do was ignore 50 years of precedent, five federal statutes, and two Supreme cases. Glove up for a deep dive, with Liz and Andrew.