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CNN —Special counsel Jack Smith is dropping the federal election subversion and the mishandling of classified documents cases against President-elect Donald Trump, seeking the cases’ dismissal in court filings Monday. Trump has said he would fire Smith once he retook the office, shattering previous norms around special counsel investigations. In the election case Trump faced in Washington, DC, Smith charged the former president over his efforts to overturn his 2020 election loss, a plot that culminated in the January 6, 2021, Capitol attack. “The Government’s position on the merits of the defendant’s prosecution has not changed,” Smith said in the filing. In the documents case brought in Florida, Trump was indicted for allegedly taking classified national defense documents from the White House after he left office and resisting the government’s attempts to retrieve the materials.
Persons: Jack Smith, Donald Trump, Trump, Smith, ” Smith, Tanya Chutkan, , Chutkan, Steven Cheung, ” “, ” Cheung, Aileen Cannon’s, Walt Nauta, Carlos de Oliveira, , Stormy Daniels Organizations: CNN, US, White House, Supreme, Capitol, White, Trump, American People, Appeals, US Justice Department, DOJ Locations: Washington ,, Washington , DC, Florida, Trump's, Lago, Georgia, New York, Peach State
CNN —One year after bringing historic indictments against former President Donald Trump, the prosecutors left in special counsel Jack Smith’s office are gaming out legal options and bracing for retribution if Trump returns to the White House. In the event that Trump wins, staffers detailed to the special counsel’s office would have the option to go back to their home divisions within the Justice Department. But former prosecutors on the Trump case could face a difficult workplace, once Trump’s appointees are running the department. If Vice President Kamala Harris wins, the choices for the department and the special counsel’s office may be much simpler. “Just think of the chaos of it all – that, he [Trump] would love,” one of the former Justice Department officials said.
Persons: Donald Trump, Jack Smith’s, Trump, Smith, , “ He’s, I’m, Aileen Cannon’s, Smith didn’t, Cannon, David Raskin, Matt Olsen, , Smith’s, Kamala Harris, General Merrick Garland, Tanya Chutkan, Chutkan, CNN’s Evan Perez Organizations: CNN, Justice, Justice Department’s, Trump, Justice Department, Trump’s, Smith’s, Democratic, Department, DOJ, Prosecutors Locations: Florida, Washington
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A separate special counsel, David Weiss, has been investigating Hunter Biden since 2018 and brought the separate gun and tax indictments against him last year. In fact, Hunter Biden tried but failed to get the gun and tax cases thrown out based on similar arguments. Reviving those arguments, Hunter Biden cited momentum from Trump-appointee Cannon and conservative Supreme Court Justice Clarence Thomas. Ironically, while Hunter Biden champions their rulings, many of his father’s allies have condemned them. At his gun trial, Hunter Biden was found guilty of buying and possessing a gun while abusing illegal drugs.
Persons: CNN — Hunter Biden, Aileen Cannon, Donald Trump, Joe Biden’s, Trump, Jack Smith, David Weiss, Hunter Biden, Biden, he’s, Weiss, , General Merrick Garland, Smith, Cannon, Clarence Thomas, Hunter, ” Hunter, Weiss ’, ” Cannon’s, Alexander Smirnov, Joe, Smirnov’s Organizations: CNN, Justice Department, Mr, Trump, Court, Hunter Biden, ex, FBI Locations: Delaware, California
To the Editor:Re “Judge Voids Case About Documents That Trump Held” (front page, July 16):It is rare that I read a news article that I describe as breathtaking, but Judge Aileen Cannon’s dismissal of Donald Trump’s classified documents case falls into this rare category. I may have been naïve in my belief that in the U.S. justice system, judges were in place to decide cases based on evidence and arguments before the court. The ruling highlights that individual judges are no longer arbiters but rather extensions of political parties. Steve ReichShort Hills, N.J.To the Editor:The timing of Judge Aileen Cannon’s dismissal of the classified documents case — right before the Republican convention — is so cynical and political. She must have been writing her 93-page opinion for a while, but she released it with impeccable timing to give Donald Trump a victory going into the opening of the convention.
Persons: Trump, Aileen Cannon’s, Donald Trump’s, we’ve, Steve Reich, , Donald Trump Organizations: Republican Locations: U.S, N.J
She said Smith was unconstitutionally appointed as special counsel and that the funding of his office also violated the law. “It’s not just that this is an extreme argument about the Appointments Clause of the Constitution, it’s that it’s one that exactly one Supreme Court justice has endorsed and lots of precedent refutes,” said Steve Vladeck, a CNN Supreme Court analyst and professor at Georgetown University of Law. And Cannon’s opinion left open the possibility that the charges could be revived if brought by the Justice Department in a way not reliant on the current special counsel infrastructure. In other special counsel cases, defendants have not even bothered to bring the long-shot claims. The special counsel office has not yet weighed in on Cannon’s decision.
Persons: Aileen Cannon, Jack Smith’s, Donald Trump, Smith, Trump, , It’s, , Steve Vladeck, Clarence Thomas, coronate Trump, Monday’s, Michael Moore, “ She’s, Moore, Obama, Clarence Thomas Just, Cannon, Thomas ’, Thomas, Robert Mueller’s, David Weiss ’, Hunter Biden, , Justice Thomas, Mark Schnapp, it’s, ” Vladeck Organizations: CNN, Trump, CNN Supreme, Georgetown University of Law, Justice Department, Republican National Convention, House, Saturday, “ CNN, Appeals, Supreme Locations: Fort Pierce , Florida, Washington ,, South Florida, Robert Mueller’s Russia
Judge Aileen Cannon’s decision to throw out serious national-security criminal charges in the classified documents case against Donald Trump is legally unsupported, ignores decades of precedent and is deeply dangerous. Her decision is quite unlikely to survive the tests of time, or even the appeal Mr. Smith’s office said he intends to make. But it will further delay a case that has moved so slowly under her direction that it was already virtually certain it would never go to a jury before Election Day. Judge Cannon asserts that no law of Congress authorizes the special counsel. The special counsel regulations were drafted under specific congressional laws authorizing them.
Persons: Aileen Cannon’s, Donald Trump, Jack Smith, , Judge Cannon Organizations: United Locations: United States
CNN —Attorneys for former President Donald Trump are now seeking to use the Supreme Court’s presidential immunity decision to help him in his criminal case in Florida over the mishandling of classified documents. In a new court filing Friday, Trump’s team said they want an updated schedule in the federal classified documents case so they can argue points related to the Supreme Court decision. The decision “guts the Office’s position that President Trump has ‘no immunity’ and further demonstrates the politically-motivated nature of their contention that the motion is ‘frivolous,’” Trump’s attorneys wrote. The Supreme Court’s decision directly applies to the federal case over 2020 election subversion efforts in Washington, DC, but it could impact all four of the criminal cases against the former president. Trump’s attorneys argue the concurrence “adds force” to motions Trump has filed against how Smith was appointed and funded.
Persons: Donald Trump, Trump’s, Trump, , Clarence Thomas, Jack Smith’s, Smith, Aileen Cannon’s, Cannon, Thomas, Thomas ’, CNN’s Holmes Lybrand Organizations: CNN, White, Trump Locations: Florida, Washington ,, Fort Pierce , Florida
Luckily, there are a few ways judges can stop his delay tactics, if they are willing to apply them. Cannon is the Florida federal judge presiding over the case examining whether Trump mishandled classified documents at his Florida home. In this way, if judges apply the usual court process, Trump can keep the cases marching in place for years — until after the 2024 election in particular. It used to be that you would appeal after you lost a case in the trial court. They have the tools in the Trump cases to rectify the problem.
Persons: Thomas G, CNN —, Aileen Cannon’s, Donald Trump, Thomas Moukawsher, Thomas Moukawsher It’s, Cannon, Trump, Trump hasn’t, , can’t, don’t, hasn’t, Tanya Chutkan Organizations: American Bar, CNN, Trump Locations: Connecticut, Florida, Washington, Georgia
All of this frenzied activity unfolding on one day represents just a snapshot of the complex legal morass now surrounding Trump. And while Monday was notable for a head-spinning sequence of legal maneuvering, it did not even encompass all of the pending cases against Trump. When it comes to Smith’s indictment, Trump’s lawyers are arguing that he was within his rights to claim the election was stolen. Trump’s legal plight reverberates in 2024 campaignAny normal political candidate would have seen their political ambitions crushed by even one of the cases in Trump’s bulging portfolio of legal jeopardy. Thanks to Trump’s unfathomable and widening legal nightmare, nothing about the 2024 election is going to be anywhere near normal.
Persons: quagmire, Donald Trump, Joe Biden’s, It’s, he’s, Biden, Jack Smith’s, Trump, Bernie Kerik, Rudy Giuliani –, , Jean Carroll, Walt Nauta, Aileen Cannon’s, Gov, Geoff Duncan, Smith, Nancy Pelosi, Mitch McConnell, I’m, Tanya Chutkan, Mike Pence, Chutkan, Barack Obama, reverberates, Ron DeSantis, DeSantis, ” Trump, Pence, Trump’s Organizations: CNN, Republican, Trump, GOP, House, New, FBI, Trump’s, Justice Department, US, soccer, Prosecutors, Capitol, Republican Party, Florida Gov, NBC, White Locations: Georgia, Washington, New York City, Manhattan, West Palm Beach , Florida, Atlanta, Trump, , West Virginia, Chutkan, Fulton County , Georgia, New Hampshire, Iowa
The judge overseeing Donald Trump’s trial on charges of illegally retaining classified documents set a trial date of May 20, 2024 — splitting the difference between the government’s request to begin in December and Trump’s desire to postpone until after the 2024 election. The decision, Judge Aileen Cannon’s first significant call in the proceedings, puts the high-stakes trial after the bulk of the Republican Party’s presidential primaries. Trump is currently the dominant front-runner, and his legal obligations to be in court will overlap with his campaign schedule. Cannon, who was appointed by Trump in 2020, was randomly assigned to the case from a pool of potential judges. Trump is also facing a flurry of other legal threats, including civil and criminal trials in New York set for early next year.
Persons: Donald Trump’s, Aileen Cannon’s, Trump, Cannon, Jack Smith Organizations: Republican, Trump Locations: Fort Pierce, Fla, New York
Trump Strikes Out Before His Judges
  + stars: | 2022-12-03 | by ( The Editorial Board | ) www.wsj.com   time to read: 1 min
Remember how liberals claimed that Donald Trump’s judicial appointees would serve as legal bodyguards, shielding him in his post-Presidency? Sorry to disappoint. On Thursday an Eleventh Circuit Court of Appeals three-judge panel dismissed Mr. Trump’s objections to the FBI’s Mar-a-Lago search and district Judge Aileen Cannon’s appointment of a special master to review seized documents. The panel included Chief Judge William Pryor, who was appointed by George W. Bush , and Trump-appointees Britt Grant and Andrew Brasher.
A federal appeals court Thursday ruled that a judge’s order appointing a special master to review documents seized from former President Donald Trump’s Mar-a-Lago resort should be dismissed. "Accordingly, we agree with the government that the district court improperly exercised equitable jurisdiction, and that dismissal of the entire proceeding is required." In a separate order, the panel said its order will take effect in seven days, barring any intervention by the Supreme Court. Trump could appeal Thursday's ruling and request that the appeals court order be put on hold. Two of the three judges on the appeals court panel -- Britt Grant and Andrew Brasher -- were appointed by Trump.
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