Judge Cannon wants to know whether Merrick Garland is supervising Jack Smith

[riversedge]

Source: politico






The judge in Donald Trump’s classified documents case asked lawyers how much independence the special counsel has.


Judge Aileen Cannon held a hearing on a bid by Trump to have Jack Smith's appointment declared unconstitutional. | J. Scott Applewhite/AP; Southern District of Florida

By Gary Fineout and Kyle Cheney

06/21/2024 07:01 PM EDT

FORT PIERCE, Florida — The federal judge overseeing Donald Trump’s classified documents case grilled special counsel Jack Smith’s prosecutors Friday on how closely Attorney General Merrick Garland oversees their work.

Under persistent questioning from U.S. District Judge Aileen Cannon, the prosecutors declined to divulge details and seemed caught off-guard by the inquiries. At one point, Smith deputy James Pearce said he was “not authorized” to discuss the level of communication that occurred between the attorney general and the special counsel.

“I don’t want to make it seem like I’m hiding something,” Pearce then said.

The questioning came at the end of a five-hour hearing focused on a long-shot effort by Trump to have the charges against him thrown out. Smith has accused Trump of hoarding national secrets at his Mar-a-Lago estate after his presidency and obstructing the government’s efforts to retrieve them.

Trump contends that Smith’s appointment by Garland as special counsel in November 2022 is unconstitutional and that Smith lacked the legal authority to bring the case against the former president.......................

Read more: https://www.politico.com/news/2024/06/21/trump-classified-documents-cannon-garland-smith-00164541

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@kyledcheney
NEW: Judge Cannon pressed Jack Smith’s prosecutors today to reveal how closely Attorney General Garland oversees their work.

w/ @fineout, our man in the courthouse today.

https://politico.com/news/2024/06/2

Link to tweet

If I were Smith I would ask Cannon how closely Trump
oversees her handling of his case.

Link to tweet

[Blue Owl]

1. The only two known photos of Aileen Cannon

[thesquanderer]

9. You forgot this one...

[Attilatheblond]

2. We, the People wanna know who is supervising Loose Cannon

She is obviously not under adequate supervision from DOJ or the court she pretends to serve

[PortTack]

3. She is f..king nuts!

[groundloop]

4. Bizarre. And to think other more experienced judges urged her not to take this case.

[Red Mountain]

5. Begs the question:

What outside contact has SHE had concerning this case?

Is there a process to discover that?

[sakabatou]

6. How tightly does her tinfoil hat wrap around her head?

[Traurigkeit]

7. Aileen Cannon stupidily opened the door to ask of her contacts with this trial. Such a rookie mistake

[thesquanderer]

8. How so? She doesn't represent either party. (Though sometimes it may seem like she does.) n/t

[cstanleytech]

10. My response would be "Your Honor, They have as much independence from me as you do from the former President.

[wcmagumba]

11. Ole, Dead Eyes Cannon...

strikes again, or attempts to...ha ha...

[no_hypocrisy]

12. And what does she expect Jack Smith to say?

"Yeah, I show AG Merrick Garland every document before I file it."

[oasis]

13. Cannon's working overtime to sabotage

the people’s case against Trump.

[bluestarone]

14. AMAZING, that Jack Smith goes on trial before

TFG does.

[republianmushroom]

15. Oh course he is, Garland is the boss, he is suppose to. Now the question is, how much

and is it to much for the puppet cannon and her puppet master ?

41 months and counting (includes foot dragging)

[LetMyPeopleVote]

16. How Trump's 'friends' are aiming to take out special counsel Jack Smith

Last edited Sat Jun 22, 2024, 02:12 PM - Edit history (1)

Precedent supports the lawfulness of Smith’s appointment. The fact that Judge Aileen Cannon is holding Friday’s hearing at all helps the defendant.

Link to tweet

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-jack-smith-classified-documents-hearing-rcna157768

Of the many motions pending in the classified documents case, U.S. District Judge Aileen Cannon is holding a hearing Friday on one that strikes at the heart of it: whether special counsel Jack Smith was lawfully appointed. Donald Trump is backed in his effort by outside parties — called “amici” or “friends of the court” — who are attacking that appointment......

The legal issue at the center of the hearing is the Constitution’s appointments clause, which says that the president:

shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper . . . in the Heads of Departments.

Under that clause, part of the dispute comes down to what type of “officer” Smith is: a “principal” one who would need Senate confirmation (which Smith doesn’t have), or an “inferior” officer working under Attorney General Merrick Garland (the “head” of the Justice Department), who appointed Smith under statutory authority given to the attorney general. Supreme Court precedent and the approval of special counsel Robert Mueller by the U.S. Court of Appeals for the D.C. Circuit support the latter position that Smith is an inferior officer appropriately appointed by Garland.,,,,,

Of course, the special counsel is defending his authority. Contrary to the Meese-backed claim, Smith maintains that he’s an “inferior” officer, noting that Garland supervises and can remove him, review his decisions and even override them. In response to the Tillman claim, Smith cites Supreme Court precedent to support the idea that the special counsel qualifies as an officer.

Backing Smith is the third outside group appearing Friday, which includes former prosecutors and elected officials. Calling the challenge against the special counsel “demonstrably incorrect,” they echo Smith’s point that he’s an inferior officer whose appointment was authorized. “The Special Counsel’s circumscribed role and jurisdiction, limited tenure, and effective control by the Attorney General render him an inferior officer,” they write. They’ll be represented by Matthew Seligman, with law professor Josh Blackman arguing for Tillman and Gene Schaerr representing the Meese group.

Cannon evidently asked if AG Garland was actually supervising Special Counsel Jack Smith which is not relevant to the issue. AG Garland has the power to supervise which is all that is required.

[riversedge]

18. More correctly--who is Directing Judge Cannon to delay delay delay!!

I do not believe she is doing this on her own by herself.