Beyond The Horizon
The Illegal Documents Case Against Trump Has Been Tossed (Part 2) (7/16/24)
The illegal documents case against Donald Trump, prosecuted by Special Counsel Jack Smith, centers on allegations that Trump unlawfully retained classified documents at his Mar-a-Lago estate after leaving the presidency. These documents, which included sensitive national security information, were not returned despite multiple requests from the government.
In June 2023, Trump was charged with multiple counts, including obstruction of justice and willful retention of national defense information. Trump's legal team has argued that Smith's appointment was unconstitutional, claiming he lacked the authority to prosecute the case. This argument was taken seriously by U.S. District Judge Aileen Cannon, leading to extensive hearings on the matter.
The Justice Department maintains that Smith’s appointment followed legal protocols and that he operates under the Attorney General’s oversight. However, the case has been complicated by legal challenges and procedural debates, reflecting the contentious nature of this high-profile prosecution.
Now, after all the back and forth and money spent, Judge Cannon has dismissed the case against Donald Trump and in this episode we begin taking a look at that order and why she says the case had to be dismissed.
(commercial at 7:57)
to contact me:
bobbycapucci@protonmail.com
source:
cannon.pdf (documentcloud.org)
- Duration:
- 13m
- Broadcast on:
- 16 Jul 2024
- Audio Format:
- mp3
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See terms at racing.fanduel.com, gambling problem, call 1-800-gambler. What's up, everyone, and welcome back to the program. In this episode, we're picking up right where we left off with Judge Cannon's order to dismiss. Special counsel, or wannabe special counsel, I should say, Jack Smith, and his case against Donald Trump. The factual background. 1. Smith appointment order. On November 18, 2022, by order number 55559-2022, Attorney General Garland appointed John L. Smith, an attorney from outside the United States government, to serve as special counsel for the United States Department of Justice. Special counsel Smith was not nominated by the president or confirmed by the Senate. The appointment order states that Attorney General Garland is vested with appointment authority to issue the appointment order pursuant to U.S. Code 28, Section 509-510-515-533 statutes discussed further below. The appointment order then authorizes the special counsel to conduct two specified ongoing investigations and the prosecute federal crimes arising from those investigations. Appointment order at 1-2. The first investigation relates to efforts to interfere with the lawful transfer of power following the 2020 presidential election ID at 1. The second investigation is referenced and described in the United States response to motion, for judicial oversight, and additional relief, Donald J. Trump, for his United States, number 922-CV-81-294-AMC, Southern District of Florida, August 30, 2022. As well as many matters that arose or may arise directly from this investigation or that are within the scope of 28 CFR, Section 600.4A, the instant superseding indictment and the only indictment at issue in this order arises from the latter investigation. With respect to funding, all parties agree that special counsel Smith's office has been funded since its inception using a permanent indefinite appropriation established within the Department of Justice to pay all necessary expenses of investigations and prosecutions by independent counsel appointed pursuant to the provisions of U.S. Code 28, Section 591, now expired, or other law. This is a limitless appropriation. As of September 2023, special counsel Smith's statement of expenditures reflects $12,807,668 indirect expenses drawn from the indefinite appropriations, plus an additional $11,096,601 in component expenses, attributable to this investigation, also drawn from the indefinite appropriation to special counsel regulations. At the end of the appointment order, there is the following reference to the Department of Justice Regulations, Section 600.4-600.10 of Title 28 of the Code of Regulations are applicable to the special counsel. Appointment order at 2, those regulations here and after, referred to as the special counsel regulations or regulations are enforced today, and they stem from the final rule promulgated by the Office of the Attorney General in July of 1999, and later codified at CFR 28, Section 601 through 600.10, see Office of Special Counsel, 64 Federal Regulations, 37-038, July 9, 1999. The notice of final rule states that the regulations replace the procedures for appointment of independent counsel pursuant to the Independent Counsel Reauthorization Act of 1994, and it cites as statutory authority the following seven statutes in Title 28, Chapter 31 of the United States Code, US Code 28, Section 509, 510, and 515 through 519. The special counsel regulations consist of 10 sections spanning various topics ranging from jurisdiction, power, staffing, conduct, and accountability among others. CFR 28, Section 600.1 through 600.10, as most relevant here, as explored more fully below, the special counsel regulations declare the grounds for appointing a special counsel from outside the United States government, ID, Section 600.1, 600.3, referencing a conflict of interest for the Department or other extraordinary circumstances. Act the Attorney General to establish the jurisdiction of the special counsel through a specific factual statement of the matter to be investigated with any expansion of that jurisdiction to be determined by the Attorney General, ID at Section 600.4a and b. Authorize the special counsel to wield within the scope of his or her jurisdiction the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney, ID at 600.6, and without being subject to the day-to-day supervision of any official of the Department, ID, Section 600.7b. Permit the Attorney General to remove the special counsel but only from his conduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of departmental policies, ID at 600.7d. Give the special counsel discretion to determine whether and what to extend to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities. Permit but do not require the Attorney General to seek explanations from the special counsel about any investigative or prosecutorial step, ID at 600.7b. Dictate that the special counsel shall comply with the rules, regulations, procedures, practices, and policies of the Department of Justice, ID, Section 600.7a, and authorize the Attorney General on a permissive basis and after a review to determine that a particular action of the special counsel should not be pursued because it is so inappropriate or unwarranted under-established departmental practices, ID at Section 600.7b. Except that if the Attorney General makes that determination, he must notify Congress of his decision to countermand the special counsel, ID at Section 600.9. Distilled down for present purposes, the special counsel regulations mandate that the special counsel be selected from outside the Department, and then they empower that outside Attorney to exercise all investigative and prosecutorial functions of the United States Attorney within his jurisdiction. 3. Independent Counsel Act, Morrison v. Olson, and Laps of Independent Counsel Act. Compared a promulgation of the special counsel regulations, specifically from 1978 through 1999, with a two-year gap between 92 and 94, there was a statute that expressly authorized the appointment of independent counsels. That statute was the now-expired independent counsel act, passed as part of the Ethics in Government Act of 1978. Under the now-expired independent counsel act, Congress authorizes the Attorney General after finding reasonable grounds to believe that further investigation was warranted to request that three-judge panel, term division of the court appointed independent counsel to fully investigate and prosecute violations of federal criminal law by certain categories of executive persons, including presidents and former presidents for a year after leaving office. US Code 28, Section 591, A&B, Section 592, C1&A, and D. After that framework, the judicial division would appoint an appropriate independent counsel from outside the United States government and define that independent counsels prosecutorial jurisdiction. "We all have somewhere we're trying to get to. As the largest energy producer in Colorado, Chevron is working to responsibly meet rising energy demand, so everyone can get to where they want to be. You've arrived." That's Energy in Progress. Visit chevron.com/tankless How dangerous is it to unwrap a burger at 40 miles per hour? More so than you think. In a little over two seconds, your car can travel slightly more than 117 feet, which is the same length as 20 bicycles. Anything that distracts you while driving is dangerous. That's why driving while texting can be deadly, too. So put it down. It can wait. Don't drive distracted. Loved in to Safe, a message from the Colorado Department of Transportation. ID at Section 593-B12, C2-C, also Section 593-C, authorizing judges to expand the prosecutorial jurisdiction of an independent counsel. Once appointed, the independent counsel would have the full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice. The Attorney General and any other officer or employee of the Department of Justice. The legality of the Independent Counsel Act took center stage in Morrison v. Olson 487 U.S. 654-1988, a suit challenging and upholding the statute under the Appointments Clause and other constitutional provisions and principles. In 1994, after Morrison Congress reauthorized the Independent Counsel Act in accordance with its five-year Sunset provision. U.S. Code 28, Section 599. But then, in 1999, when the matter of reauthorization returned to the legislative table and in the wake of meaningful criticism of the act, Congress led the act expire and has never reauthorized it since. At that time, then Attorney General Janet Reno opposed reauthorization in a public statement to Congress. Attorney General Reno expressed various criticisms of the act and called for a return to what she described as a non-statutory Independent Counsel built on a set of preexisting regulatory procedures that were premised on the Attorney General's authority to appoint a special prosecutor when the situation demands it. Then, a day after the Independent Counsel Act expired, the same special counsel regulations described above came into being to replace the procedures for appointment under the LAPSTACT. The Federal Rule 64 Regulation, 37038-01, as noted, the special counsel regulations described above came into being to replace the procedures for appointment under the LAPSTACT. See Federal Rule 64, 3708-01. As noted, the counsel regulations have remained in place without change since their effective date in July of 1999 with at least one unsuccessful legislative effort in 2019 to enact a special counsel statute. No such special counsels statute exists today, and no such statute existed in November of 2022 when Attorney General Garland issued the appointment order. Alright, we're going to wrap up this episode right here, and in the next episode discussing the topic, we're going to pick up with Appointments Clause Discussion. All of the information that goes with this episode can be found in the description box. And a official message from Medicare. Go to ssa.gov/extrahelp paid for by the U.S. Department of Health and Human Services. It's time for today's Lucky Land Horoscope with Victoria Cash. Life's gotten mundane, so shake up the daily routine and be adventurous with a trip to Lucky Land. You know what they say, your chance to win starts with a spin. 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