Dear America: I am so sorry I jinxed it.
I wrote this back in February:
We've had other corrupt men in high office before, just that none of them reached the criminal lows that trump has. trump's not facing criminal trials because he's a "great conservative American," he's facing criminal trials now because 40 years of bills over his bullshit are finally coming due.
The civil trials are mostly done, and trump has to pay those dues soon. The criminal trials start March, and the countdown to just even ONE felony conviction begins.
Tick fucking tock, trump.
While the criminal trial regarding hush money and election interference in Manhattan happened and trump answered for that (so far), the other three trials got hit with delays and more delays - trump's favorite legal tactic - to where trump can gamble on lying/cheating/stealing his way into the White House and claim Presidential Immunity (as this corrupt SCOTUS intends it).
And today, trump's run for the Mexican Border for the Presidency got a lot sweeter when his judge Aileen Cannon - there is no other way to describe her - dismissed the Mar-A-Lago classified documents case on the argument that the special counsel overseeing it is unconstitutional (via Carrie Johnson at NPR):
U.S. District Judge Aileen Cannon has dismissed the classified documents case against former President Donald Trump in an order Monday morning over the manner in which special counsel Jack Smith was appointed.
“The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution,” wrote Judge Cannon, who was appointed to the bench by the former president.
Special counsel Jack Smith had contested this argument, and other federal courts had upheld the constitutionality of special counsels.
“None of the statutes cited as legal authority for the appointment…gives the Attorney General broad inferior-officer appointing power or bestows upon him the right to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith," Cannon wrote. "Nor do the Special Counsel’s strained statutory arguments, appeals to inconsistent history, or reliance on out-of-circuit authority persuade otherwise...”
Cannon is using a provision offered by Supreme Court Justice Clarence Thomas in his Immunity concurrence, something that no other judge or court agreed with... and will require even more appeals back up to the high court before this mess can ever get straightened out. As it is, Thomas' opinion would negate every special counsel matter currently out there at the federal level... including the matter involving Hunter Biden. But hey, this is a deal for trump, so why bother eh?
Going to Marcy Wheeler at her Emptywheel site for comment:
It’s hilarious.
It’s hilarious, because it doesn’t create any delay that Cannon was not pursuing anyway. Indeed, Jack Smith could immediately appeal this and try to get her tossed, so it may hasten things (unless Trump wins!).
It’s hilarious because it is unbelievably hubristic. The only credible future for Judge Cannon now is Trump’s first SCOTUS appointment in a second term.
It’s hilarious because the way she did this, if it were upheld (not an impossibility given how nutty SCOTUS has gotten), it would be even more useful for Hunter Biden than Donald Trump (especially if Trump didn’t win reelection), because the statutes of limitation on Hunter’s alleged crimes have started to expire.
As for Smith appealing, yes he has. This now depends on how quickly the 11th Circuit handles this... and if the appellate court can remove Cannon for her bias and ineptitude.
And it all depends on the American voters coming out in huge numbers to vote for Biden and deny trump any sanctuary from justice.
trump has defeated justice for now, but he ought to - needs to - answer to the law in spite of the conservatives in the judiciary shredding all of it to protect their hold on power. trump is not running to serve the interests of Americans, he is not running for ideology or purpose, he is not running to uphold the public trust. trump is running to save his own ass from jail, and he will burn everything down to avoid that fate.
America cannot survive a criminal in the White House AGAIN.
To the 81 million of us who voted for Biden in 2020, we have a responsibility to return to the ballot and vote for Joe again. And let us bring about 44 million more with us across all 50 states just to make certain of it.
For the LOVE OF GOD AND COUNTRY AND JUSTICE, America. Do not vote trump this year.
1 comment:
Best case scenario Smith gets the 11th circuit to remove her on remand and the case lands in front of a competent judge who will take it with the seriousness it demands.
Likely scenario? They dither a while to get closer to the election and then everything comes down to who wins.
-Doug in Sugar Pine
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