Laurence Tribe: Jack Smith should appeal immediately, has strong case to have Judge Cannon removed

[highplainsdem]

Link to tweet

Laurence Tribe 🇺🇦 ⚖️
@tribelaw

Judge Cannon just did the unthinkable: She dismissed the Trump classified documents case on the repeatedly rejected basis that DOJ violated the Constitution’s Appointments Clause by appointing Special Counsel Smith at all! DOJ must appeal right away. On SCOTUS, only Justice Thomas took that view in Trump v. United States. This finally gives Jack Smith an opportunity to seek her removal from the case. I think the case for doing so is very strong.

[dalton99a]

1. Kick

[TwilightZone]

2. It's not unthinkable in the least. Everyone knew this was going to happen.

[AZSkiffyGeek]

7. Nice language there

You seem polite.

[Polybius]

4. I agree with Tribe, but...

Appeals will last until next year, well after the election.

[markodochartaigh]

26. "Appeals will last until next year, well after the election"

Maybe, maybe not. The voters will decide.

[Attilatheblond]

32. Thinking SCOTUS will end up with it after appeal

And they won't do a damned thing until Putin gets all the docs he can and that wouldn't be until TCF is beaten and loses all his attempts to overturn 2024 results.

[jaxexpat]

39. These appeals, if they come at all, will be dismissed after January if Trump prevails in November.

Our DOJ, our legal system is absolutely powerless to prevent Fascism. There is no law against Fascism in the Constitution. Only an orderly tally of votes which prove Biden prevailed can help us now. We are paying the price of excusing corruption as it infects the roots from city hall to the Oval Office. Over the last 50 years, incrementally, like erosion, ice breaking mountains of exposed bedrock into gravel and sand, just enough graft to tip the scales; is on the verge of toppling our whole experiment into history's trashcan.

The first day 4th class mail became as golden as first class, you knew it was wrong. The first time you received fraudulent advertising in your mailbox, you knew it was wrong. The first time you noticed improper signage at your polling place, you knew it was wrong. The first time you saw octogenarians frisked and searched at the airport; you knew it was wrong. The first time you knew corporate crooks and tax cheats "skated", you knew it was wrong. The first "for profit prison" was wrong and, in your gut, you really knew it then, didn't you? The first time you saw political candidates actually out and out lie, unchecked, on TeeVee (and still get elected), you knew it was broken and hanging by a thread.

We've adapted by ignoring the indignities and insults to our sense of right and wrong. Too many little improprieties to which we've accustomed ourselves have acuminated like plaque in the arteries of our society. Now it's a monster and will not obey.

Social Security, it was a nice dream, a nation that retires with dignity........or at all, if Trump prevails, our nukes are Putin's nukes.

[yankee87]

41. Appeals and Indignities

What you stated is spot on. I would also include DUI checks. I have zero expectations that courts will ever side against the wannabe dictator.
Is this how our country ends?

[jaxexpat]

43. A book could/should be written exposing all the unnecessary extra-curricular activities of LEO's Inc.

Maybe start with how they didn't/couldn't say "no" to donated military vehicles and weaponry handouts from a generous federal government. Do they see a need to stock up their arsenals for "military" warfare in the streets? The sheer stupidity is deafening. They don't get psych or IQ evaluations, but they damn sure get armored personnel carriers to haul their marginally house-trained boys in blue with bad attitudes around spreading mayhem and fear at whim.

Yes, this is the way the US could be going down. People will call it a step forward and I suppose it could look like it was to a generation 30 years from now struggling to stem the mad fight to claim the last acres of habitable territory on a terminally overcrowded and climatically doomed planet. It will then, after all, be way to late to contemplate the criminally naive notion that it didn't have to be that way.

[DaBronx]

5. All of these experts

Assume that fairness will prevail, but history has proved them wrong.

[flashman13]

6. Cannon can see her Supreme Court seat gleaming in the very near future - she thinks.

[Abstractartist]

22. Nope

Not when Joe Biden is elected for his second term. Trump will be replaced as the right wing zealot leader and Cannon will fade into absurdity and obscurity.

[flashman13]

46. Unless she is impeached and removed she will be a pain in the butt for the next 40 years.

[Tadpole Raisin]

8. I wonder if judge Michael Luttig, who has been disappointed by the

Supreme Court rulings but up to now has refrained from saying they are corrupt, will now do so.

These so called conservative justices for whom he was a mentor and an icon of conservative philosophy, no longer give a rats ass to him or the colleagues of his generation. They’ve got the power now and are primed to use it. They will force the Constitution to fit their hard right religious beliefs and no one can stop them.

I know we’re not at SCOTUS yet but it is going there and people have to stop being appeased by the rancid scraps they throw us and call it food.

We need to win the WH, senate, and House of Representatives and expand the court to match the number of circuit courts. And don’t give a shit about R’s screaming about packing the court. I’m tired of dems always seeming to be on their heels and on the defensive.

[Emile]

13. Vote

[Tadpole Raisin]

15. Damn Straight!!! nt

[Johonny]

9. Hunter should file his appeal already

[gab13by13]

12. Nope, David Weiss was confirmed by the Senate

to be a US Attorney. Wait I am kind of wrong. The rules for special counsels are a bit open to interpretation.

Maybe Hunter should file an appeal.

https://www.verifythis.com/article/news/verify/government-verify/attorney-general-garland-special-counsel-regulations-david-weiss-hunter-biden-probe-fact-check/536-37e8d530-7236-4a13-9e95-365a418bad01

[gab13by13]

10. The Supreme Court violated the Constitution

when it gave presidents absolute immunity, why should I believe it will do any differently in this case?

I believe that special counsels are supposed to be Senate confirmed. Just because they haven't been doing that all of the time still gives this Supreme Court a better argument than what it just did with immunity.

[DVRacer]

16. Yes

That is the key difference Jack Smith has not been confirmed by the Senate. I get some may want to overlook it but that is an important step. We definitely do not want a Trump DOJ to be able to without Senate approval to start Special Counsel’s investigations into everyone he hates. The bad news in this case means all the evidence is spoiled.

[Bev54]

19. He has worked for the DOJ before, had he not been confirmed in any of those jobs?

[DVRacer]

25. Nope he hasn't

[lostnfound]

11. Republicans; making up rule since... ? Nt

[orthoclad]

17. Shoulda been done long ago

Did Garland oppose this? More "respect for institutions?

[Bev54]

18. I am getting concerned of how many judges has the Heritage Foundation got to.

Does he take the chance that the 11th circuit may have also been tainted by them, or just start over in a new jurisdiction? The country is on its knees now, either stand up or fall over.

[BaronChocula]

20. After my initial dismay

my second thought was that this would not end well for the felon's accomplice on the bench. I hope Mr. Tribe and I are right.

[Abigail_Adams]

21. I don't understand all the legal rules

But I KNOW Jack isn't going to give up!

[ancianita]

23. Tribe is right. BUT Tribe isn't a maga 6 justice, is he, and won't consider their overruling the 11th,

based on Clarence Thomas' reasoning re special counsel's basis in law. This is a legislative SCOTUS, and they won't stop with their Immunity ruling.

[FBaggins]

27. There's no gurantee that it will even GET to SCOTUS

The 11th can be pretty red depending on the panel... and if TFG wins in November, DOJ would drop the appeal.

The real danger here is that the ruling probably forces yet another roadblock on the DC case - as the judge there has to at least consider the same question.

[ancianita]

30. So far, every ruling that benefits/restrains the felon has gone to SCOTUS.

I appreciate the pragmatic timeline constraints you present, but when Biden likely wins, these cases will proceed.

[RussBLib]

24. Doesn't matter to me....

....if we try the orange plague after he loses the election.

Gotta keep a sharp eye on these plotters. Who knows what they will try to pull. All this "unity" shit from Trump is bull. He lies about everything.

https://russblib.blogspot.com/?m=1

[moondust]

28. Maybe she wants to be removed.

Perhaps she knows she's not qualified to handle this case and doesn't want all the attention focused on her ineptitude.

[MOMFUDSKI]

29. Tribe knows his stuff. But he was never

able to realize what others are capable of. He is old school abide by the laws. That is gone now

[Deep State Witch]

31. I Would Expect that Smith Is Prepared for That

I would expect that Jack Smith is prepared for this kind of ruling. I would imagine that we'll hear something from them soon.

[Vinca]

33. I just got a wake-up call on another site. Smith could appeal and win, then Trump would appeal

to the Supreme Court and Uncle Clarence and the other cult judges would probably side with him.

[wryter2000]

34. That's what I'm afraid of

And if his justices found for him, that would kill the case before Judge Chutkin.

[Jilly_in_VA]

35. We've had special prosecutors forever

This is nothing new. So Loose Cannon is in error.

I have questions about her anyway. Where did she go to law school? What was her place in her graduating class? What was her score on the bar exam, and how many times did she have to take it? We deserve to know these things.

[totodeinhere]

38. Do an Internet search and you can find answers to your questions. n/t

[totodeinhere]

36. Of course this is a flawed ruling, However,

there is a silver lining. If this ruling stands then Hunter Biden should have his case dismissed also.

[MOMFUDSKI]

37. The prosecutors on MSNBC said Florida law

should open the case there. Bypass DOJ and do it from the State level. We wait

[bromeando]

40. U.S. security

"Judge" Cannon thinks it's ok to steal government documents. Trump harmed our national security.

[NBachers]

42. She thinks Donnie Fuckjob is a shoe-in to get elected now, so she's paving her way to her Supreme Court chair.

[LetMyPeopleVote]

44. The Trump documents case being dismissed is actually a "blessing in disguise" for prosecutors.

What I have been most worried about is Cannon letting this case go to trial and then dismissing after a jury had been selected and double jeopardy had attached. Cannon had not ruled on a ton of issues that she could have used to dismiss this case after jeopardy had attached.

AG Garland can refile using a regular US Attorney if he wants or can appeal

Link to tweet

[LetMyPeopleVote]

45. The Trump documents case being dismissed is actually a "blessing in disguise" for prosecutors.

What I have been most worried about is Cannon letting this case go to trial and then dismissing after a jury had been selected and double jeopardy had attached. Cannon had not ruled on a ton of issues that she could have used to dismiss this case after jeopardy had attached.

AG Garland can refile using a regular US Attorney if he wants or can appeal

Link to tweet

[intheflow]

47. 😅

That’s a much better tweet than the headline promised.