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Started By
Message
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 deathvalleytiger10
Posted on 7/2/24 at 8:29 am to deathvalleytiger10
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 on 7/2/24 at 8:32 am to tigerpimpbot
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 on 7/2/24 at 8:32 am to Giantkiller
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 on 7/2/24 at 8:34 am to boudinman
quote:
What does Garland and Smith do once Judge Cannon rules Smith wasn't legally appointed?
Ignore the ruling and carry on.
Posted on 7/2/24 at 8:38 am to SlowFlowPro
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 on 7/2/24 at 8:54 am to Indefatigable
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 on 7/2/24 at 8:54 am to SlowFlowPro
quote:
Every case that has analyzed this appointment process has validated it.
Link???
Posted on 7/2/24 at 8:55 am to boudinman
I hate to be so forward, but something involving self-inflicted gunshot wounds wouldn’t really hurt my feelings.
Posted on 7/2/24 at 9:06 am to SlowFlowPro
Could the 11th circuit come to a different conclusion from the DC circuit?
Posted on 7/2/24 at 9:08 am to Cobbvol
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 on 7/2/24 at 9:15 am to Giantkiller
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 on 7/2/24 at 9:21 am to WHS
quote: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.
Take their ball and go home
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 on 7/2/24 at 9:23 am to boudinman
It is going to be almost as good as Election night 2016
Posted on 7/2/24 at 10:35 am to I20goon
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!
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 on 7/2/24 at 10:51 am to Datbawwwww
quote: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.
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.
quote:You're conflating two different cases.
Not only will her decision dismiss the charges against president Trump, but all J-6 defendants charged under the special council, which is unconstitutional!
- 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 on 7/2/24 at 11:55 am to I20goon
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.
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 on 7/2/24 at 11:57 am to I20goon
quote:
I20goon
Are you an attorney? I like to try and keep a list in my head.
Posted on 7/2/24 at 12:00 pm to TDTOM
I deal with litigation for a living.
Posted on 7/2/24 at 12:53 pm to Datbawwwww
Trump should sue Garland for breaking the law and violating his constitutional rights.
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