Last edited Mon Jul 15, 2024, 05:51 PM - Edit history (1)

handle the "technicality" on which Cannon dismissed the case is for Jack SMith to be hired at a US Attorney office and *boom*, the case continues without the appeals process. Weissmann said the hiring as a US attorney could happen in a few days.

Maybe Smith will do both paths concurrently.

But I still want the appeal to 11th Circuit so that they can overturn Cannon for a 3rd time and dismiss her ass.

I guess maybe he is talking about converting him to be an Assistant U.S. Attorney but this whole thing is idiotic because regardless of her cherry-picked "this only applies to this jurisdiction nonsense", guaranteed that a whole pile of people who were charged by Special Counsels everywhere else are going to wake up and sue for the same reason - which should include Hunter Biden.

There are 93 of them and Biden is STILL trying to get the remaining ones nominated and confirmed.

This is the current U.S. Attorney (Markenzy Lapointe) for that jurisdiction (Southern District of Florida) - https://www.justice.gov/usao-sdfl/meet-us-attorney



Info on that office - https://www.justice.gov/usao-sdfl

Geographic area -



(Cannon's court is in Ft. Pierce)

Is a US atty for Delaware, isn't he? In his case, "special" was broaden his jurisdiction, I think, but he was already confirmed as a US atty.

He was confirmed by the Senate as a US Attorney, but his term ended before his Special Counsel Appointment. Same would go for Mueller, also confirmed as a US Attorney in 1998, but his term ended in 2003, almost 15 years before his appointment as Special Counsel.

I really enjoy this argument that seeks to admit Weiss while denying Smith.

while transitioning out of his U.S. Attorney position. I.e., Biden kept him on as U.S. Attorney from 45's administration rather than tell him to turn in his resignation (so it wouldn't look "political" ), and then Garland appointed him SC to further keep him "independent".

https://www.justice.gov/sco-weiss

I expect a problem with that would be all the evidence gathered previously, at least any collected under the umbrella of the special counsel effort, being thrown out.

Just have to hope the judicial branch revolts against the obvious partisanship.

...wouldn't the right wing justices just deny the appeal?

because despite her claim that it only applies in her jurisdiction, it will open up a whole can of worms for anyone who has been involved with a case involving a Special Counsel who would demand to be treated the same.

First, I am not an attorney so I speak from logic.

Cannon said the dismissal is not based on the merits of the case, yet, because of double jeopardy a dismissal means the case cannot be brought up again to test the merits. It seems then that dismissal is the wrong tool so why would she not declare a mistrial instead to permit the technicalities to be fixed and then retry the case?
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She is apparently basing the single application use on Bush v Gore yet that case says specifically it cannot be used in other future cases (I probably didn't say this right for the point I am attempting to make).

Separation of Powers is pretty murky in its own right. There was recently a member of the Executive Department that was issued a Congressional subpoena that they refused to honor so they were sued, found guilty, and is currently serving a prison sentence. Separation of Powers was invoked and rejected. Sen. Melendez is presently on trial for corruption. So it is not Separation of Powers, per se, but office held and potential conflict of interest to overcome and the Special Counsel is the remedy for that.

But double jeopardy only applies to trials and the trial hasn't happened yet. With the current Supremes the law is meaningless.

Last edited Tue Jul 16, 2024, 01:11 PM - Edit history (1)

Not to political ? Sure hope not, but, one never knows.

42 months and counting (including foot dragging)

Get the case going again with someone COMPETENT. And NOT CORRUPT.