The dismissal of former President Donald Trump's classified documents case by Judge Aileen Cannon has brought the future of special prosecutor Jack Smith into question. Attorney and law professor Greg Germain from Syracuse University in New York shared his insights with Newsweek, suggesting that the Supreme Court will likely uphold Cannon's decision, potentially signaling the end of Smith's involvement in the case.

 

On July 15, Judge Cannon dismissed the charges against Trump, who was facing 40 federal charges related to the handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. Trump, who had pleaded not guilty, has consistently claimed that the case is part of a political witch hunt. Within hours of Cannon's ruling, special prosecutor Jack Smith received permission from the Department of Justice (DOJ) to appeal the decision.

 

Cannon's ruling was based on the assertion that Smith's appointment as special counsel violated the U.S. Constitution's appointments clause, which governs how federal officials are hired. "This is the end of the documents case for now, unless and until Smith gets the decision overturned," Germain told Newsweek. He further explained that if and when the case reaches the Supreme Court, he expects a divided majority to agree with Cannon's ruling regarding the appointments clause violation.

 

However, Germain noted that the Supreme Court might advise Cannon that she could have addressed the issue differently by allowing the DOJ to rectify the problem. "Cannon should have given the Justice Department an opportunity to fix the problem: either by appointing a supervisor who has been confirmed by the Senate, a U.S. attorney for example, or by getting the president to appoint Smith and having him confirmed by the Senate. That one would take a lot of time," Germain said.

 

He also mentioned that the DOJ could have avoided the crisis altogether. "They could have just had the U.S. attorney for Florida, who has been confirmed by the Senate, bring the case; and the U.S. attorney could have hired anyone, including Jack Smith, to prosecute the case," Germain explained. "There would have been no appointments clause problem as long as the top person on the letterhead is a Senate-approved officer."

 

Germain criticized the DOJ's approach, suggesting that their attempt to present the appointment of an "independent" prosecutor was flawed. "They wanted it to appear that they were appointing someone 'independent' to prosecute, but, of course, the attorney general chose the prosecutor, so how 'independent' is that really? It's no more 'independent' than having the U.S. attorney for Florida, or any other U.S. attorney, prosecute the case," he said.

 

Credit: Newsweek 2024-07-19

 

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Well it has to go to appeals court first then trump will try to get the supreme court’s to decide personally I would find it incredible for them to grant it after we all saw with our own eyes hiding and obstructing and heard him running his mouth about our secrets for bragging rights.perhaps the Supreme Court doesn’t care that we all think they are a sham

9 minutes ago, Tug said:

Well it has to go to appeals court first then trump will try to get the supreme court’s to decide personally I would find it incredible for them to grant it after we all saw with our own eyes hiding and obstructing and heard him running his mouth about our secrets for bragging rights.perhaps the Supreme Court doesn’t care that we all think they are a sham

 

And a very good morning to you too.

If Trump loses God willing the case will go on regardless of Smith or not.

Incompetence got JB off the same charges

2 hours ago, Tug said:

Well it has to go to appeals court first then trump will try to get the supreme court’s to decide personally I would find it incredible for them to grant it after we all saw with our own eyes hiding and obstructing and heard him running his mouth about our secrets for bragging rights.perhaps the Supreme Court doesn’t care that we all think they are a sham

I cant believe an American is so ignorant of the law and our constitution

2 hours ago, Tug said:

Well it has to go to appeals court first then trump will try to get the supreme court’s to decide personally I would find it incredible for them to grant it after we all saw with our own eyes hiding and obstructing and heard him running his mouth about our secrets for bragging rights.perhaps the Supreme Court doesn’t care that we all think they are a sham

If laws were followed this should have never happened.  It was lawfare and Trump will now put an end to this.  The Supreme Court just needs to do their job.  Too bad for the 3 Leftist who ALWAYS vote for what is good for the Left and not for what the law calls for.  Real shame.  Democrats only want radicals that will help them get their way.  Right now with Garland and Biden the Judicial Branch is so corrupt.  But it seems to suit you and other on this board well.  Jack Smith was not appointed as he should have been.  Biden always wants to act like there is only one branch of government.  Him only.  This is the Dictator you need to fear, not Trump.

More likely the end of the corrupt, ignorant, totally incompetent, biased, Trump appointed and bought & paid for, The Dishonorable Aileen Cannon. Already been overturned and reprimanded by the appellate court twice for overstepping her authority before the case even began. Bulldog Smith will now seek her removal. She's already been advised to step away and recuse herself by her senior jurist colleagues. She's toast. 

Edited July 19, 20241 yr by Skeptic7

3 hours ago, Tug said:

Well it has to go to appeals court first then trump will try to get the supreme court’s to decide personally I would find it incredible for them to grant it after we all saw with our own eyes hiding and obstructing and heard him running his mouth about our secrets for bragging rights.perhaps the Supreme Court doesn’t care that we all think they are a sham

We all? You got a mouse in your pocket.

23 minutes ago, thaipo7 said:

If laws were followed this should have never happened.  It was lawfare and Trump will now put an end to this.  The Supreme Court just needs to do their job.  Too bad for the 3 Leftist who ALWAYS vote for what is good for the Left and not for what the law calls for.  Real shame.  Democrats only want radicals that will help them get their way.  Right now with Garland and Biden the Judicial Branch is so corrupt.  But it seems to suit you and other on this board well.  Jack Smith was not appointed as he should have been.  Biden always wants to act like there is only one branch of government.  Him only.  This is the Dictator you need to fear, not Trump.

Deluded and living in the upside-down bizarre-o world much❓ Whatever it is you're on...PLEASE inform so we can all be sure to never try it❗ 🤣

Edited July 19, 20241 yr by Skeptic7

3 hours ago, Snackbar said:

Incompetence got JB off the same charges

Your post is incompetent         does the word cooperation ring a bell?

13 minutes ago, charleskerins said:

Your post is incompetent         does the word cooperation ring a bell?

 

So if I rob a bank today, and cooperate with the authorities 7 years later, I get a pass too?

 

That is among the most idiotic explanations ever. But typical of a Dem cover up.

47 minutes ago, impulse said:

 

So if I rob a bank today, and cooperate with the authorities 7 years later, I get a pass too?

 

That is among the most idiotic explanations ever. But typical of a Dem cover up.

The national archives tried for months and months to get those records from Trump: they are NOT his. Plus no top secret files should leave the safe rooms where they can be read. Trump was showing them to reporters... have that on audio tape. Biden returned docs, allowed FBI full access to his home.

Trump refused to return all those documents, plain and simple. That is when FBI and Justice department were brought in to apply pressure, which Trump (and his hoodwinked lawyers) denied having... plenty of CCTV showing moving boxes about, hiding and otherwise obstructing FBI, lying to them, etc etc

Then when FBI finally went to retrieve stolen items, Trump claims they went there to kill him. Moron, as are his followers who believe that. They timed the search to be when he was not in Florida.

Jack Smith is an ancillary of the lefts abysmal failure of election interference. 

7 hours ago, Tug said:

Well it has to go to appeals court first then trump will try to get the supreme court’s to decide personally I would find it incredible for them to grant it after we all saw with our own eyes hiding and obstructing and heard him running his mouth about our secrets for bragging rights.perhaps the Supreme Court doesn’t care that we all think they are a sham

Another national legal expert suggested re indicting the case directly under DOJ to avoid the Cannon action which is widely recognized as being inconsistent with previous case precedent.

4 hours ago, impulse said:

 

So if I rob a bank today, and cooperate with the authorities 7 years later, I get a pass too?

 

That is among the most idiotic explanations ever. But typical of a Dem cover up.

You provided the idiotic explanation genius.Your post is typical of a Republican no logic.   You get a pass on being able to post a response that makes any sense.

3 hours ago, novacova said:

Jack Smith is an ancillary of the lefts abysmal failure of election interference. 

Yes Jack was one of the fake electors ,another moronic lacking logic post.  

No Jack was the one that called Georgia looking for 11,000 votes .

No Jack  was the one that called the state legislators  to the WH to try to get them to overturn the votes.

No Jack was the one that incited an insurrection to pressure Mike Pence not to certify.  

 

G           T               #                   O                        H

38 minutes ago, charleskerins said:

Yes Jack was one of the fake electors ,another moronic lacking logic post.  

No Jack was the one that called Georgia looking for 11,000 votes .

No Jack  was the one that called the state legislators  to the WH to try to get them to overturn the votes.

No Jack was the one that incited an insurrection to pressure Mike Pence not to certify.  

 

G           T               #                   O                        H

Actually Jack was none of those things. He’s just a two bit lawyer off the street hired as a hit man by the criminal left’s DOJ. 

45 minutes ago, charleskerins said:

You provided the idiotic explanation genius.Your post is typical of a Republican no logic.   You get a pass on being able to post a response that makes any sense.

This post makes no sense.

1 hour ago, novacova said:

This post makes no sense.

Says the no sense/logic poster.

9 hours ago, impulse said:

 

So if I rob a bank today, and cooperate with the authorities 7 years later, I get a pass too?

 

That is among the most idiotic explanations ever. But typical of a Dem cover up.

Talking about idiotic explanation! 😀

 

If Trump had not refused to give documents back, not hid them and not lied about it, there would be no Trump documents trial. By doing so, he proved intent beyond reasonable doubt.

The legal precedent is clear.  Jack was rightfully put on the case.   Cannon is gone from this case now.  Her legal career in jeopardy but she played her cards as if Trump can win.   She will lose like trump!