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BumRushDaShow

(137,636 posts) Mon Jul 15, 2024, 02:41 PM Jul 15

Schumer: 'Misguided' dismissal of Trump classified docs case 'must be appealed'

Source: The Hill

07/15/24 11:27 AM ET

Senate Majority Leader Chuck Schumer (D-N.Y.) called Florida Judge Aileen Cannon’s dismissal of the felony charges accusing former President Trump of mishandling classified documents “breathtakingly misguided” and called for her ruling to be “appealed immediately.”

“This breathtakingly misguided ruling flies in the face of long-accepted practice and repetitive judicial precedence,” Schumer said in a statement issued shortly after the ruling. “It is wrong in the law and must be appealed immediately. This is further evidence that Judge Cannon cannot handle this case impartially and must be reassigned,” he said.

Cannon, a Trump-appointed judge, ruled that the entire criminal case against Trump must be thrown out because the appointment of special counsel Jack Smith violated the Constitution. She said that, after “careful study,” she determined no legal statute grants an attorney general authority to appoint a federal officer with the “kind of prosecutorial power wielded by Special Counsel Smith.”

Trump faced 40 charges stemming from accusations he had mishandled classified records and obstructed the government’s retrieval of those records after he left the White House. The ruling came the day the Republican National Convention begins in Milwaukee.

Read more: https://thehill.com/homenews/senate/4772736-schumer-trump-classified-documents-dismissed/

30 replies

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Highlight:

Schumer: 'Misguided' dismissal of Trump classified docs case 'must be appealed' (Original Post) BumRushDaShow Jul 15 OP

"careful study"? ificandream Jul 15 #1

More likely it was handed to her a couple of days ago to read and issue. Hermit-The-Prog Jul 15 #6

The Trump documents case being dismissed is actually a "blessing in disguise" for prosecutors. LetMyPeopleVote Jul 15 #2

Garland will never refile. Not in a million years. onecaliberal Jul 15 #11

The ruling may make it harder for DOJ to refile with a new US Attorney FBaggins Jul 15 #15

The "careful study" was actually done by the Heritage Society FakeNoose Jul 15 #3

I should've read all comments before posting a reply above. Bet there are a lot of us assuming she didn't write it. Hermit-The-Prog Jul 15 #7

Great minds , etc. FakeNoose Jul 15 #8

Yep. RW oligarch network is closing in on P25. ancianita Jul 15 #13

There's no doubt in my mind the Heritage Foundation gave her everything KS Toronado Jul 15 #17

Damn right! oasis Jul 15 #4

That's a nice way of putting.. Cha Jul 15 #5

Still showing him her gratitude for the nice job. calimary Jul 15 #16

Too bad for America and Cha Jul 15 #18

Get her off the case NOW! lark Jul 15 #9

'Misguided' ????? republianmushroom Jul 15 #10

That's what you say when you bring a fucking butter knife to a war. onecaliberal Jul 15 #12

Traitorous criminality is the new GOP. byronius Jul 15 #14

As I've said elsewhere; DONT APPEAL. Simply have the US Atty file charges TOMORROW oldsoftie Jul 15 #19

Too late BumRushDaShow Jul 15 #20

Cant they do both? If not this is a STUPID move. oldsoftie Jul 15 #21

It's not a stupid move because the whole issue of a "Special Counsel" needs to be decided AGAIN BumRushDaShow Jul 15 #22

I guess even with a new filing there would be a trial before the election oldsoftie Jul 15 #23

I don't think there was any expectation of this going to trial before November at this point BumRushDaShow Jul 15 #24

She shouldve never been allowed to TAKE the case because of her obvious conflict. oldsoftie Jul 16 #25

From what I recall from the reporting at the time BumRushDaShow Jul 16 #27

A sitting president can box up hundreds of classified docs and take them with him Irish_Dem Jul 16 #26

Until Congress passes a law forbidding such activity FakeNoose Jul 16 #28

I thought treason was against the law. Irish_Dem Jul 16 #29

Ask SCOTUS about their BS "immunity" ruling FakeNoose Jul 16 #30

ificandream

(10,182 posts)

1. "careful study"?

Reply to BumRushDaShow (Original post)

Mon Jul 15, 2024, 02:44 PM

Jul 15

Would love to see what she meant by that. And the fact this wasn't a one or two page decision means she worked on this one for a while.

Hermit-The-Prog

(36,144 posts)

6. More likely it was handed to her a couple of days ago to read and issue.

Reply to ificandream (Reply #1)

Mon Jul 15, 2024, 03:19 PM

Jul 15

LetMyPeopleVote

(151,829 posts)

2. The Trump documents case being dismissed is actually a "blessing in disguise" for prosecutors.

Reply to BumRushDaShow (Original post)

Mon Jul 15, 2024, 02:53 PM

Jul 15

What I have been most worried about is Cannon letting this case go to trial and then dismissing after a jury had been selected and double jeopardy had attached. Cannon had not ruled on a ton of issues that she could have used to dismiss this case after jeopardy had attached.

AG Garland can refile using a regular US Attorney if he wants or can appeal

Link to tweet

onecaliberal

(35,056 posts)

11. Garland will never refile. Not in a million years.

Reply to LetMyPeopleVote (Reply #2)

Mon Jul 15, 2024, 04:39 PM

Jul 15

FBaggins

(27,362 posts)

15. The ruling may make it harder for DOJ to refile with a new US Attorney

Reply to LetMyPeopleVote (Reply #2)

Mon Jul 15, 2024, 04:56 PM

Jul 15

The ruling wasn't just that Smith was improperly in place... it was that the funding was in error as well. That may make it difficult to use the work product of the counsel's office.

Moreover - it's likely the new US Attorney would end up in front of her for that decision if this isn't appealed first.

FakeNoose

(34,704 posts)

3. The "careful study" was actually done by the Heritage Society

Reply to BumRushDaShow (Original post)

Mon Jul 15, 2024, 02:59 PM

Jul 15

They just handed her the entire report yesterday afternoon.

Hermit-The-Prog

(36,144 posts)

7. I should've read all comments before posting a reply above. Bet there are a lot of us assuming she didn't write it.

Reply to FakeNoose (Reply #3)

Mon Jul 15, 2024, 03:20 PM

Jul 15

FakeNoose

(34,704 posts)

8. Great minds , etc.

Reply to Hermit-The-Prog (Reply #7)

Mon Jul 15, 2024, 03:56 PM

Jul 15

ancianita

(37,657 posts)

13. Yep. RW oligarch network is closing in on P25.

Reply to FakeNoose (Reply #3)

Mon Jul 15, 2024, 04:43 PM

Jul 15

KS Toronado

(18,675 posts)

17. There's no doubt in my mind the Heritage Foundation gave her everything

Reply to FakeNoose (Reply #3)

Mon Jul 15, 2024, 05:41 PM

Jul 15

And how many special councils have been hired and paid for the same way over the years?
This was way over loose banana Cannon's excogitation skills.

oasis

(51,282 posts)

4. Damn right!

Reply to BumRushDaShow (Original post)

Mon Jul 15, 2024, 03:08 PM

Jul 15

Cha

(302,627 posts)

5. That's a nice way of putting..

Reply to BumRushDaShow (Original post)

Mon Jul 15, 2024, 03:19 PM

Jul 15

Corrupt cannon is in TSF's pocket.

calimary

(83,433 posts)

16. Still showing him her gratitude for the nice job.

Reply to Cha (Reply #5)

Mon Jul 15, 2024, 05:37 PM

Jul 15

It even has some heft to it.

Cha

(302,627 posts)

18. Too bad for America and

Reply to calimary (Reply #16)

Mon Jul 15, 2024, 05:41 PM

Jul 15

The World she’s Corrupt like TSF and cares Nothing for the Rule of Law. 🤮 that’s her and what comes out of her mouth.

lark

(23,765 posts)

9. Get her off the case NOW!

Reply to BumRushDaShow (Original post)

Mon Jul 15, 2024, 04:17 PM

Jul 15

She finally fucked up and made a decision that is grossly wrong and has been decided otherwise by several appelate courts. Hopefully now this gives Smith an opportunity to file for her recusal because she is wrong on the law! She was never going to hear this anyway, it was all stall until after the election when hopefully tcf would dismiss it.

republianmushroom

(16,427 posts)

10. 'Misguided' ?????

Reply to BumRushDaShow (Original post)

Mon Jul 15, 2024, 04:36 PM

Jul 15

this was the intent from the beginning. Jeez!

onecaliberal

(35,056 posts)

12. That's what you say when you bring a fucking butter knife to a war.

Reply to republianmushroom (Reply #10)

Mon Jul 15, 2024, 04:40 PM

Jul 15

byronius

(7,518 posts)

14. Traitorous criminality is the new GOP.

Reply to BumRushDaShow (Original post)

Mon Jul 15, 2024, 04:47 PM

Jul 15

If we survive this stage, they’re cooked.

‘Gosh, let’s betray the nation for political gain! Sounds like the smart move!’

Seriously, that’s the GOP.

oldsoftie

(13,352 posts)

19. As I've said elsewhere; DONT APPEAL. Simply have the US Atty file charges TOMORROW

Reply to BumRushDaShow (Original post)

Mon Jul 15, 2024, 05:46 PM

Jul 15

This ruling doesnt affect the DoJ.
File the charges with the evidence they already have.
No special prosecutor needed.
DO IT

BumRushDaShow

(137,636 posts)

20. Too late

Reply to oldsoftie (Reply #19)

Mon Jul 15, 2024, 06:33 PM

Jul 15

https://www.democraticunderground.com/10143272758

The "Special Counsel" thing has been litigated all the way up to the SCOTUS previously (most dramatically with the Mueller probe).

oldsoftie

(13,352 posts)

21. Cant they do both? If not this is a STUPID move.

Reply to BumRushDaShow (Reply #20)

Mon Jul 15, 2024, 06:39 PM

Jul 15

A new filing wouldnt get Cannon.

BumRushDaShow

(137,636 posts)

22. It's not a stupid move because the whole issue of a "Special Counsel" needs to be decided AGAIN

Reply to oldsoftie (Reply #21)

Mon Jul 15, 2024, 07:34 PM

Jul 15

It is encoded in statute - https://www.law.cornell.edu/cfr/text/28/600.1 and the position is as an "inferior officer" and is actually authorized in the Constitution. And because she knew that, then her pretzel-logic backstop became - well it wasn't "funded".

And this process had an initial SCOTUS review back in 1988 - Morrison v. Olson

At the time of that ruling, it was 8-1 allowing for that function, with the lone dissent being Clarence Thomas' FORMER BFF - Antonin Scalia. That case drove the decisions to allow for the Lawrence Walsh/Iran-Contra and Ken Star probes, as well as the Mueller one. And Thomas has now picked up that ball and run with it.

You throw that out and they should throw Hur's nonsense out as well as Weiss' (who did Hunter Biden's case).

oldsoftie

(13,352 posts)

23. I guess even with a new filing there would be a trial before the election

Reply to BumRushDaShow (Reply #22)

Mon Jul 15, 2024, 07:51 PM

Jul 15

Which I've been saying all along anyway

BumRushDaShow

(137,636 posts)

24. I don't think there was any expectation of this going to trial before November at this point

Reply to oldsoftie (Reply #23)

Mon Jul 15, 2024, 08:09 PM

Jul 15

even if the case was still underway, initially because she wasted months on that "Special Master" idiocy (that the 11th Circuit eventually threw out)

U.S. appeals court rules against Trump in documents fight, ends arbiter

By Jacqueline Thomsen
December 1, 20227:19 PM ESTUpdated 2 years ago

(snip)

WASHINGTON, Dec 1 (Reuters) - A U.S. appeals court on Thursday dealt a blow to Donald Trump, reversing a judge's appointment of an independent arbiter to vet documents seized by the FBI from his Florida home and allowing all of the records to be used in a criminal investigation of the former president.

The Atlanta-based 11th Circuit U.S. Court of Appeals ruled in favor of the Justice Department in its challenge to Florida-based U.S. District Judge Aileen Cannon's September decision to name a "special master" to review the records to decide if some should be kept from investigators.

The three-judge 11th Circuit panel said Cannon lacked the authority to grant Trump's request for a special master made in a lawsuit he filed two weeks after FBI agents carried out a court-approved Aug. 8 search at his Mar-a-Lago estate in Palm Beach. It also overturned Cannon's decision to bar investigators from accessing most of the records pending the review and threw out Trump's suit.

(snip)

The 11th Circuit said that while a search warrant for a former president's property is "extraordinary," it did not give "the judiciary license to interfere in an ongoing investigation." The court also said Trump did not prove there was a "callous disregard" for his constitutional rights in the search of his property, one of the few reasons a court can intervene in an ongoing investigation. "The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant," the panel wrote. "Nor can we write a rule that allows only former presidents to do so."

(snip)

And then she generated all kinds of other esoteric hypotheticals requiring more hearings and whatnot during all of 2023 and half of 2024.

She needs to be removed. Her compatriots asked her to step aside due to the complexity and she didn't.

oldsoftie

(13,352 posts)

25. She shouldve never been allowed to TAKE the case because of her obvious conflict.

Reply to BumRushDaShow (Reply #24)

Tue Jul 16, 2024, 06:38 AM

Jul 16

I STILL dont understand why the powers that be allowed it. They're supposed to strive for the appearance of impartiality.
And I meant to say "wouldnt" not "would" in the earlier post; I need to correct that.
A lot of people were really banging on me last year when I said none of these would make it before Nov. He's delayed his whole life; its what he does.

BumRushDaShow

(137,636 posts)

27. From what I recall from the reporting at the time

Reply to oldsoftie (Reply #25)

Tue Jul 16, 2024, 10:23 AM

Jul 16

there were only like 3 judges in that jurisdiction and they rotate through the assignments. She had been given the complaint against the Mar-a-Lago search warrant initially and then when the full classified docs case was moved from D.C. to FL (with a new grand jury there), it was shunted over to her again, supposedly by "luck of the draw" AND probably because she now had some familiarity with the case from earlier involvement.

But what *I* always point out is out of the 4 CRIMINAL cases, ONE DID MAKE IT TO TRIAL AND CONVICTIONS. People keep dismissing Alvin Bragg's case for some reason but HIS case was 50 years overdue from the city, county, and state of NY.