Whale Large Capital
  • Politics
  • World News
  • Business
  • Investing
  • Politics
  • World News
  • Business
  • Investing

Whale Large Capital

Politics

Special counsel Jack Smith appeals dismissal of Trump Mar-a-Lago case

by August 26, 2024
August 26, 2024
Special counsel Jack Smith appeals dismissal of Trump Mar-a-Lago case

Special counsel Jack Smith on Monday appealed federal Judge Aileen Cannon’s ruling dismissing his classified records Mar-a-Lago case against former President Donald Trump, arguing that his appointment is valid. 

Cannon, the U.S. District Judge for the Southern District of Florida, last month dismissed Smith’s case against Trump, ruling that it violated ‘the Appointments Clause of the United States Constitution.’ 

Cannon said Smith’s appointment of special counsel was unconstitutional. 

But Smith appealed Monday. 

‘The Attorney General validly appointed the Special Counsel, who is also properly funded,’ the filing states. ‘In ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.’ 

Smith also argues that he was ‘properly funded through the congressionally enacted ‘permanent indefinite appropriation’ to ‘pay all necessary expenses of investigations and prosecutions by independent counsel appointed pursuant to” U.S. code. 

The Appointments Clause says, ‘Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments.’ 

Smith, however, was never confirmed by the Senate.

‘Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme – the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,’ Cannon wrote in her decision last month. 

‘The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere – whether in this case or in another case, whether in times of heightened national need or not,’ she continued.

‘In the case of inferior officers, that means that Congress is empowered to decide if it wishes to vest appointment power in a Head of Department, and indeed, Congress has proven itself quite capable of doing so in many other statutory contexts. But it plainly did not do so here, despite the Special Counsel’s strained statutory readings,’ Cannon added.

‘In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny,’ she said.

Trump had faced charges stemming from Smith’s investigation into his possession of classified materials at his Mar-a-Lago residence. He pleaded not guilty to all 37 felony counts from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice and false statements. Trump pleaded not guilty to all charges. 

This is a developing story. Please check back for updates. 

This post appeared first on FOX NEWS
0
FacebookTwitterGoogle +Pinterest
previous post
‘You’re fired’: Trump vows pink slips on Day 1 for every official responsible for ‘Afghanistan calamity’
next post
Israel warns US defense chief Iran aggression has ‘reached all-time high’

You may also like

Biden’s sweeping Hunter pardon at odds with longtime...

December 3, 2024

Here’s how to stream Inauguration Day and host...

January 16, 2025

US DOJ charges Hamas leaders over ‘terrorist atrocities’...

September 3, 2024

Radical new DOGE transparency powers could hit Congress...

June 4, 2025

House Republicans fly down to Trump’s backyard for...

January 27, 2025

Iran talks in Rome not happening this weekend...

May 1, 2025

Privatize the TSA: 3 steps to better service...

March 27, 2025

Chaos erupts at GOP lawmaker’s town hall after...

March 19, 2025

Hunter Biden pardon raises new questions over 5th...

December 3, 2024

Trump’s art of war: Win without fighting

February 20, 2025

    Subscribe today to receive exclusive access to all our retirement secrets and income strategies, including special financial news and updates from our experts. From time to time, our newsletters feature valuable insights and analysis on the latest financial trends. Don't miss out on these exclusive updates – join our subscription to stay informed!


    By opting in you agree to receive emails from us. Your information is secure and your privacy is protected.



    Latest

    • Plane crashes at airport in western Indian city of Ahmedabad

      June 12, 2025
    • Democrat Congresswoman draws boos over ‘shameful’ sexism remark in committee hearing with Treasury Secretary

      June 12, 2025
    • Trump says he is open to extending trade deal deadline for other countries: ‘I would’

      June 12, 2025
    • People in Gaza are thanking Trump for aid, leader of US-backed group says

      June 12, 2025
    • U.S. online stores put up ‘out of stock’ signs as Nintendo Switch 2 sales hit record highs

      June 12, 2025
    • Gaza Humanitarian Foundation says Hamas attack has killed multiple aid workers

      June 12, 2025

    Categories

    • Business (671)
    • Investing (661)
    • Politics (4,452)
    • World News (2,999)
    • Terms & Conditions
    • Privacy Policy
    • Contact us
    • About us

    Disclaimer: WhaleLargeCapital.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2024 WhaleLargeCapital.com | All Rights Reserved