Judge Aileen Cannon stirs controversy by dismissing Trump case; Clarence Thomas's unexpected involvement raises questions. Analysis of concurrences in legal decisions and historical context of special prosecutors. Discussion on appointments clause and scrutiny of Judge Cannon's writing. Delve into legal challenges, decision-making authority, and interpretation of officials in legal cases.
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Quick takeaways
Questioning the legality of special counsel appointments based on lack of statutory authority.
Emphasizing the importance of independent investigations and addressing conflicts of interest.
Scrutinizing the complexities of appointing special counsels and defining 'officials' in the context of legal appointments.
Deep dives
Challenging the Appointments of Special Counsel
Eileen Cannon and Clarence Thomas question the validity of appointments for special counsels, arguing that every new special counsel appointment should require a new law passed by Congress. They contend that the positions are not properly established by existing statutes, suggesting that a lack of statutory authority undermines the legality of special counsels.
History of Special Prosecutors
The podcast hosts discuss the history of special prosecutors and the legacy of Nixon-era investigations, highlighting the importance of addressing conflicts of interest and ensuring independent investigations. They explore the rationale behind statutes that empower special counsel appointments and emphasize the need for justice to transcend political considerations.
Statutory Authority and Legal Challenges
The podcast analyzes the complexities of statutory authority in appointing special counsels, examining how statutes allocate appointment powers to the president or head of department. They assess the argument that special counsels must be established through separate legislation and scrutinize the notion of inferior versus principal officers in the context of special prosecutor appointments.
Judge Cannon's Interpretation of Special Counsel Appointments
Judge Cannon raises concerns about the appointment of special counsels and argues that the appointment of special counsel Smith, as a private citizen at the time of appointment, lacks a clear statutory basis. She focuses on the definition of 'officials' and contends that Smith, not being an officer before, does not fit the interpretation of appointing officials as read in the law, leading to her conclusion of an illegal appointment.
Implications and Potential Appeals
The podcast discussions further delve into the implications of Judge Cannon's ruling, highlighting how the decision could impact other special counsel appointments. The possibility of appeals and the question of whether this argument could be applied to ongoing cases, like Hunter or Joe Biden investigations, is examined. The podcast considers the potential outcomes of appeals and the significance of challenging such appointments within the legal framework.
CAAAANNNONNNNNBALLLLLL! Judge Aileen Cannon has just made a major splash in the Trump trials by dismissing the entire federal classified documents case based on her findings that special prosecutor Jack Smith was unlawfully appointed. We try our best to pretend that this 93-page decision is a regular order released by a normal judge, at least for a few minutes, before moving on to ask: Should we have seen this coming? Does this explain Clarence Thomas’s weirdly unprompted thoughts on the same subject in the Trump immunity case earlier this month? What happens next, and is there any chance it could happen without Fort Pierce, Florida’s best, worst, and only federal judge?
BONUS PATRON CONTENT: Patrons will also hear us listen to the New York Times rub its collective chin as its The Daily podcast considers Aileen Cannon’s mysterious ways and unknowable motives.