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re: What does Garland and Smith do once Judge Cannon rules Smith wasn't legally appointed?

Posted on 7/2/24 at 8:29 am to
Posted by Giantkiller
the internet.
Member since Sep 2007
24478 posts
Posted on 7/2/24 at 8:29 am to
quote:

In light of the recent Chevron ruling and Justice Thomas’s opinion on the immunity case, I think it’s highly likely they would at least take up the case And probably rule along the lines of Thomas’s opinion.



I think y'all are putting way too much stock in how this Court has been ruling and are getting too comfortable.

As we've all seen before, eventually one of these justices go rogue because they never want you to think you know how they'll rule.

Amy Coney Barett or John Roberts has to have a curveball on deck. Don't think you ever know how anything will go because that's when they really hit you with it.
Posted by PsychTiger
Member since Jul 2004
106942 posts
Posted on 7/2/24 at 8:32 am to
quote:


I’m thinking they probably still suck each other’s dicks, if I’m playing the favored odds.


Past behavior is the best predictor of future behavior.
Posted by Indefatigable
Member since Jan 2019
35684 posts
Posted on 7/2/24 at 8:32 am to
quote:

As we've all seen before, eventually one of these justices go rogue because they never want you to think you know how they'll rule.

You understand that a Justice isn't "going rogue" every time they disagree with your preferred outcome, right?
Posted by MemphisGuy
Germantown, TN
Member since Nov 2023
13649 posts
Posted on 7/2/24 at 8:34 am to
quote:

What does Garland and Smith do once Judge Cannon rules Smith wasn't legally appointed?

Ignore the ruling and carry on.
Posted by deathvalleytiger10
Member since Sep 2009
9031 posts
Posted on 7/2/24 at 8:38 am to
quote:

Based on what? A concurrence nobody else signed off on? The USSC ruling could easily be 8-1 with Thomas as the lone dissenter


Based on their recent rulings to challenge previous precedent. And yes, they could rule any number of ways, I just believe the court is showing signs of heading in a direction to reign in government. This falls right into that category.

Posted by Giantkiller
the internet.
Member since Sep 2007
24478 posts
Posted on 7/2/24 at 8:54 am to
quote:

You understand that a Justice isn't "going rogue" every time they disagree with your preferred outcome, right?



You know what I mean. I'm old enough to remember when Roberts voted with Ginsburg, Kagen, Sotomayor, and Breyer to save Obamacare. Scalia, Thomas, Alito and Kennedy dissented.

It's funny. You never see the Lib members leave the plantation. It's always one of the conservative ones. And I just feel like ACB has some super fun, surprise rulings in her future, I don't know why.
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
24851 posts
Posted on 7/2/24 at 8:54 am to
quote:

Every case that has analyzed this appointment process has validated it.



Link???
Posted by davyjones
NELA
Member since Feb 2019
35061 posts
Posted on 7/2/24 at 8:55 am to
I hate to be so forward, but something involving self-inflicted gunshot wounds wouldn’t really hurt my feelings.
Posted by Cobbvol
Member since Jun 2020
246 posts
Posted on 7/2/24 at 9:06 am to
Could the 11th circuit come to a different conclusion from the DC circuit?
Posted by Indefatigable
Member since Jan 2019
35684 posts
Posted on 7/2/24 at 9:08 am to
quote:

Could the 11th circuit come to a different conclusion from the DC circuit?

Yes, which would all but assure that SCOTUS would take the case.
Posted by fwtex
Member since Nov 2019
3205 posts
Posted on 7/2/24 at 9:15 am to
quote:

And I just feel like ACB has some super fun, surprise rulings in her future, I don't know why.


ACB is definitely a wild card on cases that have some personal emotions in them. She does not come off as a fan of Trump and if there is an opening for her to rationalize a constitutional decision against him and his supporters she will more than likely do so. I suspect she was pretty entrenched into women's lib ( not bad) but in that process has had some brainwashing by the extremist views of the activist leadership.
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19036 posts
Posted on 7/2/24 at 9:21 am to
quote:

Take their ball and go home
question is does what Thomas said in deciding immunity affect Cannon at all? I'd guess yes. Any justice opines, you take it into account especially when it is in concurrence.

Because to those (like me) who are playing catch up- SCOTUS did not directly speak to Smith's appointment or that of violations of the appointments clause. Thomas put a pretty direct comment in the immunity ruling.

So assuming Cannon tells DOJ to refile with a Fed prosecutor of standing, and rules Jack Smith's entire evidentiary collection is not admissible and he does not have standing to convene a grand jury promptly dismissing the case without prejudice (allowing them to convene a grand jury w/a authorized prosecutor), Smith and the DOJ will appeal up the ladder until it reaches SCOTUS where they can directly rule on it.

Either way, at worst- looking at a 2025 trial date, if they are lucky, in either case with a new prosecutor/grand jury OR appealed up to keep Jackie on the case (which out of pride & notoriety he will want to do).
Posted by Wednesday
Member since Aug 2017
16968 posts
Posted on 7/2/24 at 9:23 am to
It is going to be almost as good as Election night 2016
Posted by Datbawwwww
Member since Oct 2023
468 posts
Posted on 7/2/24 at 10:35 am to
I don’t understand what you’re getting at. The question is before Judge cannon currently, she has postponed her ruling until after some of the cases before the USSC ruled so she can have a guideline for an unprecedented situation. With the rulings, and specifically Judge Thomas adding that, it’s pretty clear what her next move will be.

Not only will her decision dismiss the charges against president Trump, but all J-6 defendants charged under the special council, which is unconstitutional!
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19036 posts
Posted on 7/2/24 at 10:51 am to
quote:

I don’t understand what you’re getting at. The question is before Judge cannon currently, she has postponed her ruling until after some of the cases before the USSC ruled so she can have a guideline for an unprecedented situation. With the rulings, and specifically Judge Thomas adding that, it’s pretty clear what her next move will be.
Since SCOTUS did not directly address the appointment of Smith (hence Thomas' comments are 'guidance') will she choose to that guidance in her ruling about Smith's appointment.... it's very very likely (pretty much assured) she will. This guidance was included in the immunity case.
quote:

Not only will her decision dismiss the charges against president Trump, but all J-6 defendants charged under the special council, which is unconstitutional!
You're conflating two different cases.
- The ruling that helps the J6 defendants was a ruling on using Sarbanes-Oxley as the basis for "obstruction", not the immunity case. This helps Trump because 2 of the charges are conspiracy to obstruct... so if the J6 defendents didn't obstruct Trump couldn't have conspired with them.

- The J6 defendents were not charged by the Special Counsel, they were charged by the DC jurisdiction, which isn't a state and fully falls under the feds... but still not Jack Smith. However, Smith is using the DC district prosecutions as the basis for 2 of his charges against Trump. That's the only place the two are connected.
Posted by Datbawwwww
Member since Oct 2023
468 posts
Posted on 7/2/24 at 11:55 am to
I understand, the questions of Jack Smith ( or any special prosecutor for the matter) is currently being argued under merits, in her court. It’s my opinion as to how she will rule, JusticeThomas threw her a bone ( in this ruling) to help her make a very difficult decision, it’s unprecedented before the court. And I don’t think I am commingling two issues, as they are one and the same.

Are you feeling like I am including Presidential immunity into the J-6 defendants? If so, that’s my fault, I was talking about several USSC verdicts in the past two weeks that are building a frame work for her to rule. For example, they ruled that the statute Smith is prosecuting the defendants under is wrong, the have ruled a jury should be unanimous for each charge before any court, chevron plays into this for an executive overstepping their boundaries; the only reason I made mention of the immunity ruling was because of the comments Thomas made that are specific to this case. Ta’da.
Posted by TDTOM
Member since Jan 2021
24547 posts
Posted on 7/2/24 at 11:57 am to
quote:

I20goon


Are you an attorney? I like to try and keep a list in my head.
Posted by Datbawwwww
Member since Oct 2023
468 posts
Posted on 7/2/24 at 12:00 pm to
I deal with litigation for a living.
Posted by Datbawwwww
Member since Oct 2023
468 posts
Posted on 7/2/24 at 12:52 pm to
What do you do for a living?
Posted by Goforit
Member since Apr 2019
8666 posts
Posted on 7/2/24 at 12:53 pm to
Trump should sue Garland for breaking the law and violating his constitutional rights.
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