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BumRushDaShow

(157,347 posts)
Mon Jul 15, 2024, 10:02 AM Jul 2024

Trump classified documents case dismissed by Judge Aileen Cannon over special counsel appointment

Last edited Mon Jul 15, 2024, 12:31 PM - Edit history (2)

Source: CNBC

Published Mon, Jul 15 2024 10:01 AM EDT Updated 1 Min Ago


A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump and two co-defendants, ruling that the appointment of special counsel Jack Smith as prosecutor for the case violated the appointments clause of the U.S. Constitution.

Trump was accused in the case of illegally retaining hundreds of classified government documents at his Mar-a-Lago club in Florida after leaving the White House in January 2021, and trying to withhold them from government officials who sought their return.

The bombshell ruling by Judge Aileen Cannon in the U.S. District Court for the Southern District of Florida — who was appointed to that position by Trump — comes two days after a would-be assassin narrowly missed killing Trump during a campaign rally in western Pennsylvania.

Cannon’s ruling, which also tossed criminal charges faced by Trump’s valet Walt Nauta and Mar-a-Lago worker Carlos De Oliveira, was issued hours before the start of the Republican National Convention in Milwaukee. That convention will formally confirm Trump as the GOP presidential nominee for November’s election. “The Clerk is directed to CLOSE this case,” Cannon wrote in her decision.

Read more: https://www.cnbc.com/2024/07/15/trump-classified-documents-case-dismissed-by-judge-over-special-counsel-appointment.html



Link to dismissal ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.672.0.pdf


Article updated.

Previous articles/headline -

Trump classified documents case dismissed by judge over special counsel appointment

Published Mon, Jul 15 2024 10:01 AM EDT Updated 3 Min Ago


A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump and two co-defendants, ruling that the appointment of special counsel Jack Smith as prosecutor for the case violated the appointments clause of the U.S. Constitution.

Trump was accused in the case of illegally retaining hundreds of classified government documents after leaving the White House in January 2021, and trying to withhold them from government officials who sought their return.

The bombshell ruling by Judge Aileen Cannon in the U.S. District Court for the Southern District of Florida -- who was appointed to that position by Trump -- ruling comes two days after a would-be assassin narrowly missed killing Trump during a campaign rally in western Pennsylvania.

Cannon's ruling, which also tossed criminal charges faced by Trump's valet Walt Nauta and Mar-a-Lago worker Carlos De Oliveira, was issued hours before the start of the Republican National Convention in Milwaukee. That convention will formally confirm Trump as the GOP presidential nominee for November's election.




Published Mon, Jul 15 2024 10:01 AM EDT Updated 2 Min Ago


A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump, saying the appointment of special counsel Jack Smith as prosecutor for the case violated the appointments clause of the U.S. Constitution. Trump was accused in the case of illegally retaining classified government documents after leaving the White House in January 2021, and trying to withhold them from government officials who sought their return.

The bombshell ruling by Judge Aileen Cannon -- who was appointed to the federal bench by Trump -- ruling comes two days after a would-be assassin narrowly missed killing Trump during a campaign rally in western Pennsylvania. Smith's office can appeal Cannon's ruling, and is almost certain to do so.

The issue of the legality of his appointment is likely to end up before the U.S. Supreme Court. Cannon in her ruling granting a dismissal motion by Trump's found that Smith's appointment as special counsel by Attorney General Merrick Garland violated the Constitution's appointments clause, which says "Officers of the United States" must be appointed by the president and confirmed by the U.S. Senate. She also ruled that Smith's use of "permanent indefinite appropriation" -- funding for his prosecution office -- violated that constitutional clause.

Trump still faces three other pending criminal prosecutions. In one of those, in federal court in Washington, D.C., the Republican is accused of crimes related to his efforts to undo his 2020 election loss to President Joe Biden. Smith's office is prosecuting that case against Trump in Washington.



Published Mon, Jul 15 2024 10:01 AM EDT Updated 2 Min Ago


A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump, saying the appointment of special counsel Jack Smith as prosecutor for the case violated the appointments clause of the U.S. Constitution.

Trump was accused in the case of illegally retaining classified government documents after leaving the White House in January 2021, and trying to withhold them from government officials who sought their return. The bombshell ruling by Judge Aileen Cannon -- who was appointed to the federal bench by Trump -- ruling comes two days after a would-be assassin narrowly missed killing Trump during a campaign rally in western Pennsylvania.

Trump still faces three other pending criminal prosecutions. In one of those, in federal court in Washington, D.C., the Republican is accused of crimes related to his efforts to undo his 2020 election loss to President Joe Biden. Trump is charged in a state case in Georgia with racketeering related to his attempts to reverse his 2020 electoral loss.

And he is awaiting criminal sentencing in New York state court after begin convicted this year of crimes connected to a 2016 hush money payment by his then-lawyer to porn star Stormy Daniels.

This is breaking news. Please refresh for updates.



Published Mon, Jul 15 2024 10:01 AM EDT Updated 3 Min Ago


A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump, saying the appointment of special counsel Jack Smith as prosecutor for the case violated the appointments clause of the U.S. Constitution.

Trump was accused in the case of illegally retaining classified government documents after leaving the White House in January 2021, and trying to withhold them from government officials who sought their return.

The bombshell ruling by Judge Aileen Cannon -- who was appointed to the federal bench by Trump -- ruling comes two days after a would-be assassin narrowly missed killing Trump during a campaign rally in western Pennsylvania.

This is breaking news. Please refresh for updates.



Published Mon, Jul 15 2024 10:01 AM EDT Updated 1 Min Ago


A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump, saying the appointment of special counsel Jack Smith as prosecutor for the case violated the U.S. Constitution.

Trump was accused in the case of illegally retaining classified government documents after leaving the White House in January 2021, and trying to withhold them from government officials who sought their return.

The ruling comes two days after a would-be assassin narrowly missed killing Trump during a campaign rally in western Pennsylvania.

This is breaking news. Please refresh for updates.



Published Mon, Jul 15 2024 10:01 AM EDT Updated 1 Min Ago


A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump, saying the appointment of special counsel Jack Smith as prosecutor for the case violated the U.S. Constitution

This is breaking news. Please refresh for updates.



Original article -

Published Mon, Jul 15 2024 10:01 AM EDT Updated 2 Min Ago


This is breaking news. Please refresh for updates.
219 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Trump classified documents case dismissed by Judge Aileen Cannon over special counsel appointment (Original Post) BumRushDaShow Jul 2024 OP
Not a surprise. She has been in for trump since day one. brer cat Jul 2024 #1
True. Abigail_Adams Jul 2024 #44
Why the heck didn't they get the senate to vote to appoint? We had the votes and would have taken an hour. jimfields33 Jul 2024 #79
Are appointments something that can be filibustered? Polybius Jul 2024 #85
Justices, Judges and Executive Branch Appointments require only a majority vote to end Senate debate. n/t 24601 Jul 2024 #133
I doubt it was her (combing thru the constitution) onlyadream Jul 2024 #87
Heritage Foundation lawyers. KS Toronado Jul 2024 #122
And Federalist Society.... IthinkThereforeIAM Jul 2024 #186
Message auto-removed Name removed Jul 2024 #108
Not to Trump and his lackey Judge. If fact the constitution goes in the dumpster if Trump would win Bengus81 Jul 2024 #115
Message auto-removed Name removed Jul 2024 #143
Goodbye Bayard Jul 2024 #154
Read the Cliff Notes version... GiqueCee Jul 2024 #160
Well, you know what that means. Mr. Evil Jul 2024 #190
You underestimate their willingness to cherry pick things they like and dislike. Claustrum Jul 2024 #197
Too true... GiqueCee Jul 2024 #203
You are SOOO right! GiqueCee Jul 2024 #201
Why didn't the Senate vote on the Biden's special Counsels, the AG just announced Historic NY Jul 2024 #134
So... GiqueCee Jul 2024 #169
Cannon is ... brakester Jul 2024 #157
Maybe because that's not how it's done!! dpibel Jul 2024 #189
True, but why wait till now? Polybius Jul 2024 #80
Timing. TwilightZone Jul 2024 #117
You're right Polybius Jul 2024 #118
That's what I'm wondering PatSeg Jul 2024 #128
And how bloody convenient when the bright shiny thing from Saturday niyad Jul 2024 #161
Judges don't usually go looking for new arguments and issues to bring to court. Igel Jul 2024 #204
Sweet gift from her Red Mountain Jul 2024 #2
Now I feel like I've been shot - in the gut jmbar2 Jul 2024 #3
Trying to scream Mme. Defarge Jul 2024 #72
One thing about being a criminal is getting away with it. Turbineguy Jul 2024 #4
Jesus. underpants Jul 2024 #5
Mary and Joseph. Joinfortmill Jul 2024 #34
H. Roosevelt MontanaMama Jul 2024 #65
H. Christ in a Chicken Basket SKKY Jul 2024 #81
This will now go to the Supreme Court. FUCK THIS COUNTRY JohnSJ Jul 2024 #6
Appeals court first.................... Lovie777 Jul 2024 #9
Sure, and then the SC. It is over. JohnSJ Jul 2024 #13
Even if they rule against Trump, it's over Polybius Jul 2024 #90
If he wins the election, everything is over JohnSJ Jul 2024 #96
Clarence Thomas already decided the matter. sop Jul 2024 #42
☝️ This. Clarence Thomas introduced an answer to a question that was not asked in the immunity case. crickets Jul 2024 #205
Lot of good that will do. Katinfl Jul 2024 #181
Score a big one for the RW activists! Maeve Jul 2024 #7
The timing is 'perfect' since the RNC starts this week Hong Kong Cavalier Jul 2024 #198
The timing is interesting. Not sure what to make of it Raven123 Jul 2024 #8
Well she does it right when the entire nation is distracted by the violence at the Trump rally. Trueblue Texan Jul 2024 #12
Highlight it. It's a boost for tRump. . . . . nt Bernardo de La Paz Jul 2024 #15
Because of the shooting? FBaggins Jul 2024 #20
No. Because of the RNC convention. Raven123 Jul 2024 #30
These events are well timed. Codifer Jul 2024 #82
Honestly, I don't think the trumpers would think it's too far. Claustrum Jul 2024 #135
She wrote a detailed summary (93 pages) from Friday to Monday? And as inexperienced as she is, how could she alone.... machoneman Jul 2024 #62
Probably used AI she is incapable of written orders.... Historic NY Jul 2024 #174
Sorry. Should have been more clear. I am thinking of the convention Raven123 Jul 2024 #194
Someone from the Federalist Society probably had it all written up and ready to go. nt crickets Jul 2024 #206
No words vapor2 Jul 2024 #10
Jesus Christ on a trailer hitch suegeo Jul 2024 #11
Dear Jesus. The coup is still underway Botany Jul 2024 #14
The traitors have not stopped. Kid Berwyn Jul 2024 #17
This is so much of an in your face ruling that it is not funny. Botany Jul 2024 #52
EXACTLY! nt CoopersDad Jul 2024 #93
We are at war. hadEnuf Jul 2024 #196
Hear Hear! OldBaldy1701E Jul 2024 #209
Nope. Novara Jul 2024 #16
They'll find a way to say his actions were based on an official act Tadpole Raisin Jul 2024 #32
They were obstructing justice on the docs a year after he was out of office. Bengus81 Jul 2024 #119
They don't care. They want his dictatorship. Justice matters. Jul 2024 #172
She dismissed it because supposedly Jack Smith was wrongly appointed. mtngirl47 Jul 2024 #36
Neal Katyal... 2naSalit Jul 2024 #127
Her ruling addressed the legality of the Jack Smith's appointment as special counsel. It is unrelated to issues of 24601 Jul 2024 #39
Technically he may have been president when he stole the documents. Lonestarblue Jul 2024 #71
I believe he did pack up and move the documents out before he left the White House FakeNoose Jul 2024 #116
There are charges for obstruction not just taking docs. That obstruction occurred a year later. Bengus81 Jul 2024 #123
The dismissal was not based on Presidential immunity. It was based on the Special Prosecutor kelly1mm Jul 2024 #109
He's not our only human threat. It's his entire criminal enterprise. littlemissmartypants Jul 2024 #18
Welcome to the banana republic Yo_Mama_Been_Loggin Jul 2024 #19
I've felt like this for the last 30 years in Texas. walkingman Jul 2024 #113
Trump did move all the documents to Florida when he was President and we know that all LiberalArkie Jul 2024 #21
What would you do for a trillion dollars? live love laugh Jul 2024 #22
Not a lawyer or a judge but Dyedinthewoolliberal Jul 2024 #23
Not a lawyer either angrychair Jul 2024 #92
The Senate would now have to vote for Smith Polybius Jul 2024 #101
Can anyone tell me of a Special Council who ever slightlv Jul 2024 #124
I can't think of any Polybius Jul 2024 #130
This will make people mad, but david weiss was nominated and approved by congress thatdemguy Jul 2024 #179
Thanks for point out Hur. nt crickets Jul 2024 #207
Thank you for the info! slightlv Jul 2024 #213
I saw a few here saying it, that Hunter should use the same thing thatdemguy Jul 2024 #215
Trying to avoid the tin hat, but this certainly does seem mighty convenient Scalded Nun Jul 2024 #24
Even if the appeals court reversed the decision, kicks Tadpole Raisin Jul 2024 #25
She just recused herself from the eventual trial. Fiendish Thingy Jul 2024 #26
Sure. Nothing to see here. Because emptywheel says so. Scrivener7 Jul 2024 #33
Plenty to see here, if one opens their eyes and ears. Fiendish Thingy Jul 2024 #64
Surely this constant insistance that everything is moving along as it's supposed to Scrivener7 Jul 2024 #66
Ah, that's where you're wrong Fiendish Thingy Jul 2024 #77
Lol. Scrivener7 Jul 2024 #94
Theoretically possible to refile them with a US Attorney... but that doesn't seem likely FBaggins Jul 2024 #48
This case was never going to trial before the election anyway Fiendish Thingy Jul 2024 #67
This was my first thought. She is done with this case. ihaveaquestion Jul 2024 #107
One reply... Pluvious Jul 2024 #136
We've long known there would be no trial in this case before the election Fiendish Thingy Jul 2024 #139
Thats not the point. This will allow this SCOTUS to once again overturn a decision from a previous SCOTUS Cheezoholic Jul 2024 #147
The question of an SC's constitutionality was already adjudicated with Meuller. Nt Fiendish Thingy Jul 2024 #150
Having a US attorney file the case isn't the point. This SCOTUS wants to shit can special councils full stop. n/t Cheezoholic Jul 2024 #162
Since all the evidence was acquired through what Cannon deems an illegal funding mechanism Prairie Gates Jul 2024 #164
Except the bulk of the evidence was obtained by Garland's DOJ BEFORE Smith was appointed Fiendish Thingy Jul 2024 #192
I am literally stunned. ificandream Jul 2024 #27
The others were at one time appointed by congress to a court. jimfields33 Jul 2024 #98
She waited until NOW? bucolic_frolic Jul 2024 #28
Just as the country is distracted by the "assassination attempt." Scrivener7 Jul 2024 #29
The media maybe distracted per usual, but I don't think the country is. He was seen out golfing yesterday PortTack Jul 2024 #88
WTHH? I think he still has documents. Joinfortmill Jul 2024 #31
So if Trump still has classified documents, or copies, he can do whatever the fuck he wants with them. Freethinker65 Jul 2024 #35
And, Abigail_Adams Jul 2024 #49
No. brakester Jul 2024 #173
Thank goodness. crickets Jul 2024 #208
Questions thinkingagain Jul 2024 #37
Not easy to prove that he stole them in DC FBaggins Jul 2024 #51
Thanx thinkingagain Jul 2024 #56
I'm kinda with you, thinkingagain... slightlv Jul 2024 #111
He was never charged with stealing the documents. former9thward Jul 2024 #200
I have a horrible sinking Codifer Jul 2024 #38
You know more fuckery is afoot pfitz59 Jul 2024 #45
That was Yeats, not Eliot... regnaD kciN Jul 2024 #112
Criminal judge, criminal president, criminal party. byronius Jul 2024 #40
So, a US president can get into office, SpankMe Jul 2024 #41
yup, Codifer Jul 2024 #59
Me, too, so disillusioned that I'm almost dizzy and numb. quaint Jul 2024 #140
Guess who's auditioning for the SCOTUS? djacq Jul 2024 #43
Now we know she's being coached ... aggiesal Jul 2024 #46
Yep, Thomas OWNS her. bluestarone Jul 2024 #53
He very well may appeal to the 11th Circuit, which (barely) leans right and then it will kelly1mm Jul 2024 #126
Since Special Counsel is settled law, SCOTUS will no doubt overturn the Special Counsel law. n/t aggiesal Jul 2024 #184
This is maddening! That Cannon is so far over the edge on this! liberalla Jul 2024 #47
Stunning! Grumpy Old Guy Jul 2024 #50
*If* she is right, then Garland must resign Mr. Sparkle Jul 2024 #54
The courts have failed orangecrush Jul 2024 #55
Yep. The refrain was always, "The courts will hold." And here we are. Scrivener7 Jul 2024 #70
buh bye Rule of law ... nt Jarqui Jul 2024 #57
"The order can be appealed, and other district judges and the D.C. Circuit have upheld the constitutionality of special riversedge Jul 2024 #58
What Will Jack Smith Do About This? MrWowWow Jul 2024 #60
Clearly, this is.... brakester Jul 2024 #180
It Just Occurred to Cannon That Jack Smith Was a Special Counsel? TomCADem Jul 2024 #61
Nope. The other Special Councils were appointed by the Senate to some position. including SC Weiss. kelly1mm Jul 2024 #163
Stack the Supreme Court! Smackdown2019 Jul 2024 #63
After all the Special Counselors and Special Prosecutors in our past, Midnight Writer Jul 2024 #68
The other Special Councils had been confirmed by the Senate to some position in government. Jack Smith kelly1mm Jul 2024 #166
Thank you for clarifying. Midnight Writer Jul 2024 #214
Loose Cannons sink ships trusty elf Jul 2024 #69
Finally, Barb McQuade "this is a blessing in disguise because Jack Smith can appeal immediately." Comfortably_Numb Jul 2024 #73
The timing of this definitely REEKS of political motivation sboatcar Jul 2024 #74
I sure wish this had been prosecuted aggressively from the moment it was discovered. Scrivener7 Jul 2024 #75
Equal justice under the law? mn9driver Jul 2024 #76
If Smith wins on appeal a different judge, right? sarchasm Jul 2024 #78
Potential silver lining? jmbar2 Jul 2024 #83
Time to involve the 11th Circuit. CaptainTruth Jul 2024 #84
Just for clarification bdamomma Jul 2024 #151
whatcha wanna bet she gets a huge RV for this Native Jul 2024 #86
Garland should have prosecuted himself iemanja Jul 2024 #89
WTF!!!! Talk about bad optics. Could she have decided for her boss any more positively? ffr Jul 2024 #91
I don't think this helps him in the election underpants Jul 2024 #114
I want some nuclear secrets for my bathroom! This is appealable so she should be tossed. Vinca Jul 2024 #95
The fix has been in for awhile for Trump. He knew where these court cases were heading and has acted like it. jalan48 Jul 2024 #97
I'm shocked! StarryNite Jul 2024 #99
Kinda sounds like the enigmania Jul 2024 #100
Good - in a way claudette Jul 2024 #102
Once again, Captain Pantload fails upward. Blue Owl Jul 2024 #103
It sure feels like a slap in the face. Dave Bowman Jul 2024 #104
More like... brakester Jul 2024 #182
Both this and the made up doctrine of "official acts" can be revisited by SCOTUS around the same time. ancianita Jul 2024 #105
The fucking fuck??? nt AKwannabe Jul 2024 #106
THIS SHALL NOT STAND RobertDevereaux Jul 2024 #110
Save some of whatever you're smoking for the rest of the class FBaggins Jul 2024 #141
The 11th Circuit CAN remove Cannon for this ruling BUT it knows that its decision will be appealed and the ancianita Jul 2024 #142
What a lovely dream - TBF Jul 2024 #177
Laurence Tribe On X RobertDevereaux Jul 2024 #191
When the immunity ruling was made, Clarence Thomas gave Cannon the reasoning the SCOTUS WOULD SUPPORT re special counse ancianita Jul 2024 #120
I am behind you 200 percent. brakester Jul 2024 #185
Good. Because as you imply, we need to fight with all our heart, soul, mind and strength. ancianita Jul 2024 #188
Our justice system works for authoritarians. AllyCat Jul 2024 #121
This was Abstractartist Jul 2024 #125
There is no way I will ever believe Cannon was randomly... 3catwoman3 Jul 2024 #129
I am not one teeny bit surprised. BigDemVoter Jul 2024 #131
Message auto-removed Name removed Jul 2024 #132
Dick-Tator Trump / The defacto President is controlling our American Judiciary system Miami Blue Jul 2024 #137
Will this orange taint berksdem Jul 2024 #138
Sadly, the second a TFG judge took over the case, it was over. Claustrum Jul 2024 #144
I hope she has a stroke tonight cactusfractal Jul 2024 #145
Sorry. She isn't the one I want to have a stroke right about now. Claustrum Jul 2024 #148
Zoilacat bromeando Jul 2024 #146
What's with the zoilacat spam? JoseBalow Jul 2024 #202
Name of my cat bromeando Jul 2024 #218
But why do you make it the subject in unrelated replies? JoseBalow Jul 2024 #219
Can someone explain a few things? LilElf70 Jul 2024 #149
Let's try conspiracy Blue Full Moon Jul 2024 #152
As a USAF veteran, I'm DISGUSTED that the prosecution of someone who stole classified national security documents can be iluvtennis Jul 2024 #153
Pretty much we figured this was coming moniss Jul 2024 #155
No surprise. That billionaire coup be happenin' NOW. n/t PatrickforB Jul 2024 #156
Can Jack Smith still file the appeal? Bayard Jul 2024 #158
But her emails. Orrex Jul 2024 #159
So Jack Smith's time was wasted and he's done. AngryOldDem Jul 2024 #165
So it's over? Nothing can happen to prosecute him for the documents? OverBurn Jul 2024 #167
With this Supreme Court, what do you think? Emile Jul 2024 #175
What a crock!!!! LeftInTX Jul 2024 #168
The last few days have seen Trump dodge a bullet and a Cannon blowing a hole through accountability. Efilroft Sul Jul 2024 #170
Our Judiciary branch is rotten to its core. Hermit-The-Prog Jul 2024 #171
Unfuckingbelievable. SunSeeker Jul 2024 #176
This introduces a complexity she probably didn't think of jmowreader Jul 2024 #178
- Lemon Lyman Jul 2024 #183
As far as I'm concerned... llmart Jul 2024 #187
A slow moving coup Beck23 Jul 2024 #193
Cannon overplayed her hand SARose Jul 2024 #195
We are a cartoon democracy. Javaman Jul 2024 #199
Roger Stone knew that Loose Cannon was going to dismiss this case LetMyPeopleVote Jul 2024 #210
Doing the Lord's work. The Christian Taliban Hotler Jul 2024 #211
This was a timed show of strength. This gives Trump et al a "big win" to riff/lie off of. SupportSanity Jul 2024 #212
Cannon probably know her ruling won't be upheld Martin Eden Jul 2024 #216
"PAYBACK for the boss". Opportunistic moment, Trump got shot in the ear, DemocraticPatriot Jul 2024 #217
 

Abigail_Adams

(333 posts)
44. True.
Mon Jul 15, 2024, 10:27 AM
Jul 2024

But still utterly outrageous. She should be impeached for this glaring conflict of interest.

 

jimfields33

(19,382 posts)
79. Why the heck didn't they get the senate to vote to appoint? We had the votes and would have taken an hour.
Mon Jul 15, 2024, 10:51 AM
Jul 2024

Of course she went through every word in the constitution to find something.

24601

(4,095 posts)
133. Justices, Judges and Executive Branch Appointments require only a majority vote to end Senate debate. n/t
Mon Jul 15, 2024, 11:22 AM
Jul 2024

onlyadream

(2,240 posts)
87. I doubt it was her (combing thru the constitution)
Mon Jul 15, 2024, 10:55 AM
Jul 2024

I'm sure there's a crew of lawyers going over every word to find loop hole. I just wonder why now? Is it bc Trump has some sympathy?

IthinkThereforeIAM

(3,198 posts)
186. And Federalist Society....
Mon Jul 15, 2024, 12:40 PM
Jul 2024

... they have been working on this for decades. Comes from the same root that gave us, "corporations are people, too". One thing leads to another, huh?

Response to jimfields33 (Reply #79)

Bengus81

(9,088 posts)
115. Not to Trump and his lackey Judge. If fact the constitution goes in the dumpster if Trump would win
Mon Jul 15, 2024, 11:10 AM
Jul 2024

One of the better reasons he never needs to be within a 1000 miles of the WH.

Response to Bengus81 (Reply #115)

GiqueCee

(2,607 posts)
160. Read the Cliff Notes version...
Mon Jul 15, 2024, 11:46 AM
Jul 2024

... of Project 2025. Maybe it won't be a dumpster, maybe it'll be an incinerator, or a waste basket, but the declaration of their intention to rescind the Constitution is clearly in there. Not to mention Trump's repeated statements to that effect.

Mr. Evil

(3,367 posts)
190. Well, you know what that means.
Mon Jul 15, 2024, 12:49 PM
Jul 2024

No more 2nd amendment for all the gullible, gun-humping MAGAt rubes. Obviously, none of them have ever heard the old saying, 'be careful what you wish for.'

Claustrum

(5,052 posts)
197. You underestimate their willingness to cherry pick things they like and dislike.
Mon Jul 15, 2024, 01:14 PM
Jul 2024

Just look at any positions they hold. They are all over the place depending on their preference.

GiqueCee

(2,607 posts)
203. Too true...
Mon Jul 15, 2024, 02:49 PM
Jul 2024

... but their standard "I know you are, but what am I?" style of playground politics doesn't get them very far. With their limited vocabulary of dis, dat, dese, does, and fuck, you can tie them up in rhetorical knots pretty easily, but the exercise is akin to shooting fish in a barrel. Not very rewarding.

GiqueCee

(2,607 posts)
201. You are SOOO right!
Mon Jul 15, 2024, 02:41 PM
Jul 2024

I'll toss that out as a pithy aside when next I encounter one of those nitwits. I've been so enraged by the very existence of this 900+ page monstrosity that I'd overlooked that very cogent point. Thanks for the tip!

Historic NY

(39,166 posts)
134. Why didn't the Senate vote on the Biden's special Counsels, the AG just announced
Mon Jul 15, 2024, 11:22 AM
Jul 2024

the law leaves the appointment to the AG

GiqueCee

(2,607 posts)
169. So...
Mon Jul 15, 2024, 11:57 AM
Jul 2024

... "Loose" Cannon is full of shit? Republicans will spew false accusations knowing full well they're all bullshit, but they know that reversing her on this is going to be a time-consuming nightmare, which is the whole point.

Republicans consider honesty a weakness to be exploited. Democrats play by the rules; Republicans wipe their asses with the rules.

brakester

(392 posts)
157. Cannon is ...
Mon Jul 15, 2024, 11:42 AM
Jul 2024

a corrupt idjit.

We are truly and thoroughly f@ckd. I was listening to "Jack" the podcast last night. They concluded that there is NO WAY OUT OF THIS, except to keep electing Dems until magically this Extreme Court changes its make up.

This Court is thoroughly corrupt and has overstepped its authority.

There is another way. Since Biden now has total immunity, he has to add enough justices to flip the balance. Then, there's a long list of actions to shift us back to a democracy again. Primary among these changes is to reestablish the separation of powers between the three branches of government and put some strict limits on the Court.


Of course, our upstanding (to a fault) President has to do something against his very moral nature.

dpibel

(3,627 posts)
189. Maybe because that's not how it's done!!
Mon Jul 15, 2024, 12:45 PM
Jul 2024

You might be interested in knowing that, for instance, a couple or three special counsels were appointed during the Trump regime and, amazingly, they were appointed without any contact with the Senate.

So it's odd you think it would have been such a heck of an easy thing to get a Senate vote.

Polybius

(20,607 posts)
80. True, but why wait till now?
Mon Jul 15, 2024, 10:53 AM
Jul 2024

If she thinks it's illegal, why didn't she dismiss the case in January?

Polybius

(20,607 posts)
118. You're right
Mon Jul 15, 2024, 11:12 AM
Jul 2024

Plus if she dismissed the case in January, it may have been appealed and decided by now.

PatSeg

(50,672 posts)
128. That's what I'm wondering
Mon Jul 15, 2024, 11:20 AM
Jul 2024

Did someone "persuade" her or was this the plan all along, to stall and drag the trial out for months and then toss the whole thing before the republican convention? These people are alarmingly obvious.

niyad

(125,596 posts)
161. And how bloody convenient when the bright shiny thing from Saturday
Mon Jul 15, 2024, 11:47 AM
Jul 2024

has everyone's attention?

Igel

(37,026 posts)
204. Judges don't usually go looking for new arguments and issues to bring to court.
Mon Jul 15, 2024, 02:51 PM
Jul 2024

They look at the arguments that are presented and, if found wanting (in the judge's opinion), then the court forms a separate argument.

Turbineguy

(39,168 posts)
4. One thing about being a criminal is getting away with it.
Mon Jul 15, 2024, 10:06 AM
Jul 2024

This is why you need to have a Judge in your pocket.

Polybius

(20,607 posts)
90. Even if they rule against Trump, it's over
Mon Jul 15, 2024, 10:56 AM
Jul 2024

It will be next June, probably on the very last day.

sop

(15,331 posts)
42. Clarence Thomas already decided the matter.
Mon Jul 15, 2024, 10:27 AM
Jul 2024

(CNN) Special counsel Jack Smith told the judge in the classified documents case in Florida that Supreme Court Justice Clarence Thomas’ criticism of his appointment should have no bearing on the criminal case against former President Donald Trump.

In a brief filing Friday, Smith said that Thomas’ writing in the presidential immunity case – in a concurrence that no other justice joined – isn’t binding on US District Judge Aileen Cannon.

Nor does it provide “a sound basis to deviate from the uniform conclusion of all courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” Smith said.

In a filing last week, Trump’s lawyers brought to Cannon’s attention both the Supreme Court’s immunity ruling and the concurrence that Thomas wrote in that dispute. That ruling directly arose out of the election subversion case against Trump in Washington, DC, but may have an impact on all four criminal cases against him.

Trump’s legal team told Cannon that Thomas’ concurrence bolstered the former president’s arguments for dismissing the charges in Florida on the basis that Smith was illegally appointed and that the funding of his office violates the Constitution.

Trump has claimed he’s entitled to presidential immunity and argued the case should be dismissed, despite the fact that almost all of the alleged conduct took place after he left office.

https://www.cnn.com/2024/07/12/politics/jack-smith-clarence-thomas-filing/index.html

crickets

(26,158 posts)
205. ☝️ This. Clarence Thomas introduced an answer to a question that was not asked in the immunity case.
Mon Jul 15, 2024, 02:55 PM
Jul 2024
https://threadreaderapp.com/thread/1812849085633659086.html



Katie Phang
@KatiePhang

Reminder: Justice Clarence Thomas, in his concurrence in the immunity decision, invited Judge Aileen Cannon to grant Trump's Motion to Dismiss on the Appointments Clause issue.
[image]
10:52 AM · Jul 15, 2024






Kyle Griffin
@kylegriffin1

Big flag: There is NOTHING in Judge Cannon's ruling that speaks to the merits of the Trump classified documents case. Cannon ruled on a procedural issue.


Jeux olympiques de Paris du 5 au 13 août 🐢
@HarlemJ11
That’s because the evidence here is damning and overwhelming as to Trump’s absolute contempt for federal law

Mishandling documents moving them when it was clear investigators were coming right down to “I declassified everything psychically”

If it gets to a jury it is a WRAP for him

They have to derail it some other way
11:00 AM · Jul 15, 2024

Hong Kong Cavalier

(4,603 posts)
198. The timing is 'perfect' since the RNC starts this week
Mon Jul 15, 2024, 01:22 PM
Jul 2024

Expect them all to have speeches about this crap during Fascist Fest '24.

I hate that judge with the heat of a nova.

Raven123

(6,883 posts)
8. The timing is interesting. Not sure what to make of it
Mon Jul 15, 2024, 10:08 AM
Jul 2024

Is she trying to highlight it or bury it

Trueblue Texan

(3,531 posts)
12. Well she does it right when the entire nation is distracted by the violence at the Trump rally.
Mon Jul 15, 2024, 10:10 AM
Jul 2024

Go figure.

FBaggins

(28,281 posts)
20. Because of the shooting?
Mon Jul 15, 2024, 10:14 AM
Jul 2024

I can't see any way that she could pen a 93-page ruling on a Sunday

Raven123

(6,883 posts)
30. No. Because of the RNC convention.
Mon Jul 15, 2024, 10:20 AM
Jul 2024

You can bet TFG will highlight this. As far as the shooting goes, I never thought of it.

Codifer

(1,019 posts)
82. These events are well timed.
Mon Jul 15, 2024, 10:54 AM
Jul 2024

Before the shooting, even trumpers might consider this decision a bridge too far.

But now the god emperor hero near martyr has been saved by jaysus from bad lefty assassins.

So it is OK if he sells the blood of the democracy.

Claustrum

(5,052 posts)
135. Honestly, I don't think the trumpers would think it's too far.
Mon Jul 15, 2024, 11:23 AM
Jul 2024

They considere any TFG prosecutions political. And they live in a fantasy land that he never lost a case and never settled any (he said that he never settled any cases before the TFG university thing only to settle it a few weeks after).

machoneman

(4,128 posts)
62. She wrote a detailed summary (93 pages) from Friday to Monday? And as inexperienced as she is, how could she alone....
Mon Jul 15, 2024, 10:39 AM
Jul 2024

have drafted such a long summary? Who helped her, the RNC lawyers? TFG's lawyers? SC judges? We want to know who else was gunning for Jack Smith.

I do think Thomas' statement was requested on the sly in order to give Cannon an easy way out. This case as many scholars and experts said long ago was the most straightforward case of all of them. Yet, Cannon twisted every motion by TFG's lawyers not only to delay but allow time for Thomas and his staff to put this poison pill on Smith.

Gotta be the most egregious failure of Justice of all time!

crickets

(26,158 posts)
206. Someone from the Federalist Society probably had it all written up and ready to go. nt
Mon Jul 15, 2024, 03:00 PM
Jul 2024

Botany

(74,873 posts)
14. Dear Jesus. The coup is still underway
Mon Jul 15, 2024, 10:10 AM
Jul 2024

We executed the Rosenbergs for what Trump did and FBI agent Robert Hansen died doing
15 life terms for stealing the type of documents Trump stole and most likely sold.

Botany

(74,873 posts)
52. This is so much of an in your face ruling that it is not funny.
Mon Jul 15, 2024, 10:35 AM
Jul 2024

Just like the Supreme Court giving Trump immunity because he was President and he
only got to be President by being part of a criminal conspiracy with Russia, Fox News,
and the GOP.

hadEnuf

(3,324 posts)
196. We are at war.
Mon Jul 15, 2024, 01:09 PM
Jul 2024

The other side certainly realizes this. Maybe we should too and act like it.

Novara

(6,115 posts)
16. Nope.
Mon Jul 15, 2024, 10:11 AM
Jul 2024

He was not president when he stole classified material. He was not president when he stored the documents illegally. He was not president when he refused to give them back and played cat and mouse to keep the government from getting them back. He was not president when he enlisted others within the conspiracy to hide them.

Time to get her ass off the case and try again.

Tadpole Raisin

(1,889 posts)
32. They'll find a way to say his actions were based on an official act
Mon Jul 15, 2024, 10:21 AM
Jul 2024

which by definition will not be reviewable and no evidence with any presidential communications will be permitted either.

These people are evil.

Bengus81

(9,088 posts)
119. They were obstructing justice on the docs a year after he was out of office.
Mon Jul 15, 2024, 11:13 AM
Jul 2024

Try calling that an official act of the POTUS.

Justice matters.

(8,678 posts)
172. They don't care. They want his dictatorship.
Mon Jul 15, 2024, 12:04 PM
Jul 2024

Their evil project 2025 as top priority.

They want the rule of their mad king who's in cahoots with putin and kim jung oooon...

mtngirl47

(1,174 posts)
36. She dismissed it because supposedly Jack Smith was wrongly appointed.
Mon Jul 15, 2024, 10:22 AM
Jul 2024

"The appointments clause of the Constitution."

2naSalit

(97,407 posts)
127. Neal Katyal...
Mon Jul 15, 2024, 11:18 AM
Jul 2024

Is going to go full bore on this one because he wrote that SC rule.

Bet you a dollar MSNBC changes their mind about their 24hrs of wounded ear.

24601

(4,095 posts)
39. Her ruling addressed the legality of the Jack Smith's appointment as special counsel. It is unrelated to issues of
Mon Jul 15, 2024, 10:25 AM
Jul 2024

immunity.

Since her ruling applies only to this case, the DOJ appealing the ruling risks it being applied to other cases. Not appealing Cannon's ruling makes it likely irrelevant to a case in DC.

Lonestarblue

(12,841 posts)
71. Technically he may have been president when he stole the documents.
Mon Jul 15, 2024, 10:46 AM
Jul 2024

I think some documents had been shipped to MAL before his last day in office while others were shipped probably on the plane that took him to MAL. In effect, the theft took place in DC, the coverup and refusal to return his loot took place in Florida and possibly New Jersey.

That said, taking classified documents might have been excused had he returned them all when requested. He refused and tried to hide them, thus the second crime.

FakeNoose

(38,034 posts)
116. I believe he did pack up and move the documents out before he left the White House
Mon Jul 15, 2024, 11:11 AM
Jul 2024

It only makes sense because once Biden was inaugurated, Chump and his stuff were gone and no chance to come back for more.

There was about a 2-week period after January 6th (before the inauguration) when the nation was stunned, and Chump kept very quiet while he planned his getaway. That's when all the pardons were given out, remember? Also Chump and his wife decided what they were going to pack up and take with him to Mar-A-Lago.

If only we had had federal agents escort him out of the White House on January 7th. "That's OK sir, we'll make sure you get your property delivered. Now get out of here." That would have been the smart thing to do.

Bengus81

(9,088 posts)
123. There are charges for obstruction not just taking docs. That obstruction occurred a year later.
Mon Jul 15, 2024, 11:17 AM
Jul 2024

Bottom line as everyone has said for years--IF that POS would have just given them all back,even months and months after they were asked to be returned there would have never been charges, a case filed, nothing.

He broke the law,so did Nada and that occurred well after he azzzz was out of the WH.

 

kelly1mm

(5,756 posts)
109. The dismissal was not based on Presidential immunity. It was based on the Special Prosecutor
Mon Jul 15, 2024, 11:07 AM
Jul 2024

(allegedly) being improperly appointed.

Thus the timeframe argument you are making is irrelevant to this dismissal. The dismissal very well may be bogus, but not for the reasons you state.

littlemissmartypants

(28,637 posts)
18. He's not our only human threat. It's his entire criminal enterprise.
Mon Jul 15, 2024, 10:13 AM
Jul 2024

Thank you, Jack Smith for all you're doing for us. You're a true patriot!

LiberalArkie

(18,658 posts)
21. Trump did move all the documents to Florida when he was President and we know that all
Mon Jul 15, 2024, 10:14 AM
Jul 2024

the presidents have immunity for actions done as president. Per the supremes. And since he was wounded in the head and survived Per the Revelations of John. 13:3.
One of the heads of the beast appeared to be mortally wounded. But the mortal wound was healed, and the whole world marveled and followed the beast. 4They worshiped the dragon who had given authority to the beast, and they worshiped the beast, saying, “Who is like the beast, and who can wage war against it?”

Dyedinthewoolliberal

(16,141 posts)
23. Not a lawyer or a judge but
Mon Jul 15, 2024, 10:16 AM
Jul 2024

since it never went to trial can he be charged all over again? That's what I would do...........

angrychair

(10,921 posts)
92. Not a lawyer either
Mon Jul 15, 2024, 10:57 AM
Jul 2024

But I know a little. He was not found innocent of the charges but the case was dropped on a technicality. So yes, the DOJ can bring it back up.

Polybius

(20,607 posts)
101. The Senate would now have to vote for Smith
Mon Jul 15, 2024, 11:00 AM
Jul 2024

Not sure if that can be subject to a filibuster.

slightlv

(6,198 posts)
124. Can anyone tell me of a Special Council who ever
Mon Jul 15, 2024, 11:17 AM
Jul 2024

was voted on by the Senate? I thought that was why they were called "special" counsels? They were appointed by those who WERE voted on by Senate reps. So, in short, she's just basically negated the entire judicial system. Great... throw her out. She's just put herself out of job. IANAL, and it shows!

Polybius

(20,607 posts)
130. I can't think of any
Mon Jul 15, 2024, 11:21 AM
Jul 2024

But the only other option besides voting on a Special Council is appealing, where it will eventually head to the Supreme Court. Even if they rule against Judge Aileen Cannon, it could take until next June to release their decision.

thatdemguy

(606 posts)
179. This will make people mad, but david weiss was nominated and approved by congress
Mon Jul 15, 2024, 12:15 PM
Jul 2024

He was nominated by trump to be an AG in Delaware. Biden did not replace him, so he carried over under President Biden.

He was then made special council by Garland, but at that point he was an appointed and approved AG. AG's job is to prosecute criminals and appointed and approved by congress to do so. Vs jack smith who was not.

If you ask me Garland screwed up ( again ) and did not pick an existing AG to be special council. We can add this to the list of things Garland has dropped the ball on, including releasing robert hur's report.

I do find it kind of funny that Garland also appointed hur as special council to look at Biden's classified document case, as Hur was no longer an appointed AG as he had resigned. So even if hur had found enough reason to go after Pres Biden for it, under this ruling by cannon it would have been tossed out as well.

slightlv

(6,198 posts)
213. Thank you for the info!
Mon Jul 15, 2024, 05:28 PM
Jul 2024

But I have to say, snarkily, yeah... right... they would have tossed out the case against Hunter. THAT one they would have found a way around the issue, I have no doubt!

thatdemguy

(606 posts)
215. I saw a few here saying it, that Hunter should use the same thing
Mon Jul 15, 2024, 08:01 PM
Jul 2024

to get his conviction tossed.

Scalded Nun

(1,453 posts)
24. Trying to avoid the tin hat, but this certainly does seem mighty convenient
Mon Jul 15, 2024, 10:16 AM
Jul 2024

2 days after shooting, right at start of RNC convention.

Almost like it was planned.

Maybe the only mistake was asswipe actually getting nicked by a bullet.

Tadpole Raisin

(1,889 posts)
25. Even if the appeals court reversed the decision, kicks
Mon Jul 15, 2024, 10:17 AM
Jul 2024

her off (? And refers her for disciplinary action if they are allowed), and writes a bullet proof opinion for the SC, we’ve already seen that well written bullet proof opinions are tossed aside by the conservative majority like so much rubbish.

Thomas really gave her permission with his additional concurring statement which I thought had no standing in the decision itself.

When did that ever stop them. I hate these people!!

Fiendish Thingy

(20,208 posts)
26. She just recused herself from the eventual trial.
Mon Jul 15, 2024, 10:18 AM
Jul 2024

Emptywheel has a quick take on this (she’s still plowing through the 93 age opinion), and suggests the charges could simply be refiled by a US Attorney.

https://www.emptywheel.net/2024/07/15/aileen-cannon-dismisses-stolen-documents-case-based-on-special-counsel-appointment/

Fiendish Thingy

(20,208 posts)
64. Plenty to see here, if one opens their eyes and ears.
Mon Jul 15, 2024, 10:40 AM
Jul 2024

Substituting presumed doom and gloom for facts is no way to go through life.

Scrivener7

(56,541 posts)
66. Surely this constant insistance that everything is moving along as it's supposed to
Mon Jul 15, 2024, 10:42 AM
Jul 2024

has begun to seem empty even to you.

Fiendish Thingy

(20,208 posts)
77. Ah, that's where you're wrong
Mon Jul 15, 2024, 10:49 AM
Jul 2024

Unlike others, who presume “if it were anybody else…”, I don’t have a rigid expectation of how things are supposed to “move along”.

There are obstacles and delays, some expected, some not, some bypassed, some not.

FBaggins

(28,281 posts)
48. Theoretically possible to refile them with a US Attorney... but that doesn't seem likely
Mon Jul 15, 2024, 10:31 AM
Jul 2024

Too close to the election and there isn't an easy mechanism to transfer the case

And if he wins in November - an all new batch of attorneys

An appeal to the 11th is possible - but I can't see it happening in time for some other judge to get this to trial in time - and the 11th still leans red

Fiendish Thingy

(20,208 posts)
67. This case was never going to trial before the election anyway
Mon Jul 15, 2024, 10:43 AM
Jul 2024

Cannon saw to that long ago.

The outcome always depended on the outcome of the election.

Now we know she won’t be the judge at any future trial.

ihaveaquestion

(3,879 posts)
107. This was my first thought. She is done with this case.
Mon Jul 15, 2024, 11:05 AM
Jul 2024

My second thought was that this also has implications for special counsels appointed to investigate democrats, ie Robert Hur. Will even the SC want to negate these investigations?

Pluvious

(5,047 posts)
136. One reply...
Mon Jul 15, 2024, 11:24 AM
Jul 2024

"My instant impression was this was bad for Trump. Now DOJ can revamp their case in a separate jurisdiction, or refile with DOJ staff or appeal and have the case shifted. It really feels to me like Judge Cannon decided it was time to bail and took the opportunity."

I'm still in shock...

Fiendish Thingy

(20,208 posts)
139. We've long known there would be no trial in this case before the election
Mon Jul 15, 2024, 11:26 AM
Jul 2024

Now we know any future trial won’t involve Cannon.

Cheezoholic

(3,149 posts)
147. Thats not the point. This will allow this SCOTUS to once again overturn a decision from a previous SCOTUS
Mon Jul 15, 2024, 11:33 AM
Jul 2024

That being the right of the DOJ to appoint neutral special council's to add another layer of keeping political bias out of law enforcement. This has already been ruled on by a previous SCOTUS to the affirmative. This SCOTUS baited her into tossing the case so they could rule special council's are unconstitutional when it gets to them full stop.

This is once again a wide open example of the technique this SCOTUS is using to overstep their Constitutional check that prevents them from legislating and creating law. When we win they must be knocked back into their place and a check placed to prevent a rogue SCOTUS from ever happening again. (Congressional approval anytime SCOTUS reverses a previous SCOTUS decision? Just an idea)

Cheezoholic

(3,149 posts)
162. Having a US attorney file the case isn't the point. This SCOTUS wants to shit can special councils full stop. n/t
Mon Jul 15, 2024, 11:51 AM
Jul 2024

Prairie Gates

(5,737 posts)
164. Since all the evidence was acquired through what Cannon deems an illegal funding mechanism
Mon Jul 15, 2024, 11:52 AM
Jul 2024

It would be hard to refile, no? She leaves open the question of remedy for what she sees as a violation of the Appropriations clause, but certainly argues that dismissal is the precedent remedy (in the CFPB case). In other words, if the DOJ refiles outside the Special Counsel structure with the same evidence, then the Appropriations clause issue comes into play and the dismissal happens that way.

Fiendish Thingy

(20,208 posts)
192. Except the bulk of the evidence was obtained by Garland's DOJ BEFORE Smith was appointed
Mon Jul 15, 2024, 12:52 PM
Jul 2024

So that seems to eliminate dismissal via the appropriations clause.

ificandream

(11,268 posts)
27. I am literally stunned.
Mon Jul 15, 2024, 10:19 AM
Jul 2024

I didn't see how it was possible the case could be dismissed over the apppointment of Jack Smith. He's not been the first special prosecutor and likely not the last.

My God, the corruption is deep with this one.

 

jimfields33

(19,382 posts)
98. The others were at one time appointed by congress to a court.
Mon Jul 15, 2024, 10:59 AM
Jul 2024

Doesn’t matter if they are still on that court. Just that they got the ok by congress at one time.

bucolic_frolic

(51,626 posts)
28. She waited until NOW?
Mon Jul 15, 2024, 10:19 AM
Jul 2024

This is not only orchestrated, it's choreographed, to time with other events, which were also orchestrated, and have been planned for many months.

Scrivener7

(56,541 posts)
29. Just as the country is distracted by the "assassination attempt."
Mon Jul 15, 2024, 10:20 AM
Jul 2024

The timing is just like a dance, no?

PortTack

(35,679 posts)
88. The media maybe distracted per usual, but I don't think the country is. He was seen out golfing yesterday
Mon Jul 15, 2024, 10:56 AM
Jul 2024

Freethinker65

(11,194 posts)
35. So if Trump still has classified documents, or copies, he can do whatever the fuck he wants with them.
Mon Jul 15, 2024, 10:22 AM
Jul 2024

Alrighty then.

If Trump wins, this country and its laws cease to exist. With this ruling, we are pretty damn close to that already.

 

Abigail_Adams

(333 posts)
49. And,
Mon Jul 15, 2024, 10:32 AM
Jul 2024

and, once he's officially the nominee ha can start receiving intelligence briefings. Just after meeting with Orban.

crickets

(26,158 posts)
208. Thank goodness.
Mon Jul 15, 2024, 03:08 PM
Jul 2024

We all know tfg will ll raise a big stink about it (in spite of having done the same to Biden just to be petty) and claim it's all so unfair. Nobody with any brains, including non-MAGA Repubs, will give a hoot. He can suck eggs.

thinkingagain

(1,304 posts)
37. Questions
Mon Jul 15, 2024, 10:24 AM
Jul 2024

If he stole them in DC, even though they were found in Florida, why wasn’t this tried in DC where the crime was first committed?

And also, can American people sue the judge because it seem she so obviously Trump bought and paid for
( the S C also for that matter - with their “gift's” etc )

FBaggins

(28,281 posts)
51. Not easy to prove that he stole them in DC
Mon Jul 15, 2024, 10:34 AM
Jul 2024

If they were moved to FL while he was president - they weren't "stolen". The argument was that after he left office he was asked for them back and refused. That presumably occurred in FL.

slightlv

(6,198 posts)
111. I'm kinda with you, thinkingagain...
Mon Jul 15, 2024, 11:08 AM
Jul 2024

it seems like we -ought- to be able to bring some sort of class action lawsuit against trump, especially since Cannon has done nothing but delay, disrupt, and dismiss everything about this case. To any normal individual, it was an open-and-shut case, especially based on past experience and law. And they sure weren't pussyfooting around about a SC when they tried to impeach and indict Clinton. Yes... there's a whole basket of worms to set loose if Smith wants to take this upwards. And right now, I don't care. I just went through a court date with my grandson for charges that were dropped prior to the court date. I'm sick and tired of the two tiered justice system. I'd like to see Aileen Cannon brought up on charges of fraud for attempting to pass as a judge.

This just feeds my feeling that everything has been part of the slow-moving coup Trump and R's have been pulling since before the 2020 election. Everything from screaming that the election is rigged a year before the election in 2020 to his "near miss" night before last. It's all connected and stagecrafted. You'll never be able to convince me otherwise. This ruling is just one more piece of the puzzle. We'd better be a hell of a lot faster at putting these pieces together than we have been in the past. If we don't do something drastic, they ARE going to GIVE him the presidency, elections be damned. I'm so p'o'd right now, I can't see straight. I honestly didn't see how she could legally dismiss this case, but damn... she and old Clarence found a way. There is no justice; there is no law. That's only for the "little people." Damn them!

former9thward

(33,424 posts)
200. He was never charged with stealing the documents.
Mon Jul 15, 2024, 02:15 PM
Jul 2024

He was charged with not returning them. That occurred in Florida. That is why the charges were filed there.

Codifer

(1,019 posts)
38. I have a horrible sinking
Mon Jul 15, 2024, 10:24 AM
Jul 2024

Last edited Mon Jul 15, 2024, 11:51 AM - Edit history (1)

feeling that, despite all all recent assaults on democracy, we have yet to see the worst. The evil will stop at nothing.

I hate this feeling.

"The best lack all conviction while the worst are full of passionate intensity."
W.B. Yeats

Edit to replace Eliot with Yeats

I'm old

SpankMe

(3,539 posts)
41. So, a US president can get into office,
Mon Jul 15, 2024, 10:25 AM
Jul 2024

openly hand over all our military and economic secrets to our worst enemy, order our army to stand down while our enemy attacks, stand in the oval office and literally hand over the reins of the US to a foreign power on TV, and the only recourse is impeachment and removal from office by the Senate.

Got it.

If this is true, then what's the point of being a country? What's the point of defining us as Americans? What's the point of the constitution? Doesn't this ruling make it all meaningless?

I just don't get any of this. I'm so disillusioned that I'm almost dizzy and numb.

 

kelly1mm

(5,756 posts)
126. He very well may appeal to the 11th Circuit, which (barely) leans right and then it will
Mon Jul 15, 2024, 11:18 AM
Jul 2024

go to the USSC. I don't think him appealing this immediately or otherwise will change the eventual outcome given the tilt of the USSC, do you?

aggiesal

(10,203 posts)
184. Since Special Counsel is settled law, SCOTUS will no doubt overturn the Special Counsel law. n/t
Mon Jul 15, 2024, 12:38 PM
Jul 2024

liberalla

(10,618 posts)
47. This is maddening! That Cannon is so far over the edge on this!
Mon Jul 15, 2024, 10:29 AM
Jul 2024

Hopefully a higher power (judicial) will smack her down!



Mr. Sparkle

(3,458 posts)
54. *If* she is right, then Garland must resign
Mon Jul 15, 2024, 10:35 AM
Jul 2024

but the fact this came from Aileen Cannon means it could be 100% bullshit.

riversedge

(76,813 posts)
58. "The order can be appealed, and other district judges and the D.C. Circuit have upheld the constitutionality of special
Mon Jul 15, 2024, 10:37 AM
Jul 2024

Just in time for the RNC convention!!

Judge dismisses Donald Trump's classified documents case

Boxes of classified documents were found at Trump's Mar-a-Lago home.
By Katherine Faulders
July 15, 2024, 9:00 AM


https://abcnews.go.com/Politics/judge-dismisses-donald-trumps-classified-documents-case/story?id=111951588




..........Cannon noted that her ruling does not apply to other jurisdictions, meaning the order may not apply to the special counsel's Jan. 6 election interference case against Trump.

A spokesperson for the special counsel did not immediately respond to a request for comment.

The order can be appealed, and other district judges and the D.C. Circuit have upheld the constitutionality of special counsels in previous legal challenges.

If overturned on appeal, the order could also give rise to Smith moving for Cannon to be taken off the case, citing her pattern of unusually favorable rulings that have benefited Trump and raised the eyebrows of legal experts across the political spectrum.
...........

MrWowWow

(651 posts)
60. What Will Jack Smith Do About This?
Mon Jul 15, 2024, 10:38 AM
Jul 2024

or is he just tossed into the dustbin of history, as was the rule of law in this country?

brakester

(392 posts)
180. Clearly, this is....
Mon Jul 15, 2024, 12:23 PM
Jul 2024

becoming so complex that ordinary citizens like us have no idea or power to change this. All we can do is make sure Biden wins in November. Let's work our behinds off.

We need to be saved by some bold action by some experienced patriot with more knowledge than us.

TomCADem

(17,831 posts)
61. It Just Occurred to Cannon That Jack Smith Was a Special Counsel?
Mon Jul 15, 2024, 10:38 AM
Jul 2024

Amazing. After several decades of special counsel, Judge Cannon thinks she knows better. Of course, does this mean that Hunter Biden is now off the hook?

 

kelly1mm

(5,756 posts)
163. Nope. The other Special Councils were appointed by the Senate to some position. including SC Weiss.
Mon Jul 15, 2024, 11:51 AM
Jul 2024

Jack Smith has never been confirmed by the Senate to any position.

Midnight Writer

(24,402 posts)
68. After all the Special Counselors and Special Prosecutors in our past,
Mon Jul 15, 2024, 10:43 AM
Jul 2024

it took a very special Judge to finally notice that the whole system is unconstitutional and illegal.



 

kelly1mm

(5,756 posts)
166. The other Special Councils had been confirmed by the Senate to some position in government. Jack Smith
Mon Jul 15, 2024, 11:53 AM
Jul 2024

has not. That is the 'hook' they are using .....

Comfortably_Numb

(4,188 posts)
73. Finally, Barb McQuade "this is a blessing in disguise because Jack Smith can appeal immediately."
Mon Jul 15, 2024, 10:46 AM
Jul 2024

Could this be the ridiculous decision that finally gets “ ILean over to kiss trump’s ass” removed once and for all??

sboatcar

(630 posts)
74. The timing of this definitely REEKS of political motivation
Mon Jul 15, 2024, 10:46 AM
Jul 2024

On the first day of the RNC, case dismissed.....I mean COME ON

Scrivener7

(56,541 posts)
75. I sure wish this had been prosecuted aggressively from the moment it was discovered.
Mon Jul 15, 2024, 10:48 AM
Jul 2024

That would have been great.

CaptainTruth

(7,800 posts)
84. Time to involve the 11th Circuit.
Mon Jul 15, 2024, 10:54 AM
Jul 2024

It's been reported that senior judges advised her to not take the case because of her lack of experience, so I'll be interested to see how this plays out. And why this special counsel, out of all the ones appointed since Ulysses Grant in 1875, is "unconstitutional."

It may go all the way to SCOTUS, probably.

bdamomma

(68,902 posts)
151. Just for clarification
Mon Jul 15, 2024, 11:37 AM
Jul 2024

who is the 11th Circuit Judge? and if appealed this case won't be heard what until next year. I have been reading all these posts so the golden TSF is given another pass for his criminal activity? And does he still have in his possession these not so classified documents?? What is the next step?

It never stops, but it will have to be ones to stop this. Really I am not doing this

iemanja

(56,361 posts)
89. Garland should have prosecuted himself
Mon Jul 15, 2024, 10:56 AM
Jul 2024

He only appointed the Counsel to avoid political fallout. Now we see the result.

underpants

(191,735 posts)
114. I don't think this helps him in the election
Mon Jul 15, 2024, 11:10 AM
Jul 2024

He and they will make a big stink of it but this isn’t going to sell with parents especially in the burbs - and they are the focus of this election. Everyone knows he stole them. Now Mom and Dad see a world where he gets away with stealing. They’ve told their kids that stealing is wrong and now they see this.

jalan48

(14,908 posts)
97. The fix has been in for awhile for Trump. He knew where these court cases were heading and has acted like it.
Mon Jul 15, 2024, 10:58 AM
Jul 2024

Democrats are quickly approaching a collective WTF happened?

 

claudette

(5,455 posts)
102. Good - in a way
Mon Jul 15, 2024, 11:01 AM
Jul 2024

Now it can be appealed - or case filed in DC - either way - there will be a NEW judge! Cannon will be gone.

ancianita

(41,183 posts)
105. Both this and the made up doctrine of "official acts" can be revisited by SCOTUS around the same time.
Mon Jul 15, 2024, 11:04 AM
Jul 2024

RobertDevereaux

(2,007 posts)
110. THIS SHALL NOT STAND
Mon Jul 15, 2024, 11:07 AM
Jul 2024

I expect swift action by Jack Smith and the 11 Circuit Court of Appeals. I also expect that Cannon will be impeached, disbarred, arrested, indicted, convicted, and jailed for her treasonous acts against our nation.

Looking forward to Glenn Kirchner's take.

FBaggins

(28,281 posts)
141. Save some of whatever you're smoking for the rest of the class
Mon Jul 15, 2024, 11:27 AM
Jul 2024

She might indeed be overturned... likely too far down the road for anyone here to consider it "swift action".

But there's no chance of impeached/disbarred/arrested/indicted/convicted/jailed.

ancianita

(41,183 posts)
142. The 11th Circuit CAN remove Cannon for this ruling BUT it knows that its decision will be appealed and the
Mon Jul 15, 2024, 11:27 AM
Jul 2024

maga six injustices who will then overturn the 11th AND support Cannon's dismissal of the case.

Clarence Thomas gave her the reasoning that the maga six will accept:

https://archive.ph/bkdPM#selection-6013.0-6025.5

TBF

(35,174 posts)
177. What a lovely dream -
Mon Jul 15, 2024, 12:15 PM
Jul 2024

but in reality, there is a Supreme Court that would all be appealed to, and then we lose. Every time.

That's the thing people aren't getting - Trump and his fascists accomplished a ton with his Court picks. We are back at Hillary was right about everything. She saw it all going down before a lot of us put it together.

Our only remaining chance is the swing states. And the deep-pocket donors who are throwing their tantrums need to pull it together and start funding. Money won't help them against Trump if he's reelected.

RobertDevereaux

(2,007 posts)
191. Laurence Tribe On X
Mon Jul 15, 2024, 12:49 PM
Jul 2024

X twitter by Laurence Tribe:
“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.”

ancianita

(41,183 posts)
120. When the immunity ruling was made, Clarence Thomas gave Cannon the reasoning the SCOTUS WOULD SUPPORT re special counse
Mon Jul 15, 2024, 11:13 AM
Jul 2024
... on the issue of presidential immunity, Justice Clarence Thomas wrote separately to raise the question of whether any law has created the office of special counsel. He noted that Mr. Smith was appointed by the attorney general, and that Mr. Smith relies not on one but on four statutes as authorizing the office of special counsel. Justice Thomas notes that none of them refers specifically to creating such an office; that two are “generic provisions concerning the functions of the Attorney General”; that a third refers to the duties of an “attorney specially appointed by the Attorney General under law,” which suggests an attorney already appointed under some other law; and a fourth that refers to appointment of “officials . . . to detect and prosecute crimes” and appears in a chapter that creates the FBI, not one that creates prosecutors’ offices.

Justice Thomas reasons that if “Congress has not reached a consensus that a particular office should exist, the Executive”—in the person of the attorney general—“lacks the power to create and fill an office of his own accord,” and urges that “the lower courts should . . . answer these essential questions concerning the Special Counsel’s appointment before proceeding.” U.S. District Judge Aileen Cannon of Florida, where the prosecution of Trump for unlawful handling of classified documents is pending, has already heard arguments relating to both the creation of the special counsel’s office and Mr. Smith’s appointment..

If Congress had wished to allow the attorney general to create an office of special prosecutor, it would have done so with a statute as simple and direct as those that give the power to create offices to other cabinet secretaries—including the secretaries of transportation, agriculture, health and human services and education. It wouldn’t have relied on gossamer emanations from four statutes.

Proponents of the special counsel’s powers cite court cases to support their position. Among the most frequently cited is the Supreme Court’s opinion in U.S. v. Nixon (1974), which described special counsel Leon Jaworski—who, like Mr. Smith, was appointed by an attorney general—as having acted “pursuant to” a statute relied on by Jack Smith here. However, the issue of whether Jaworski was authorized to act wasn’t before the court in the Nixon case, .


https://archive.ph/bkdPM#selection-6005.41-6009.624

Speculation, I know...

This bought right wing court now presumes to constitutionalize all official acts (once held as crimes) -- And so it could/might/will(?) confront President Biden to use that decision to RESTORE the Special Counsel through an official act.

brakester

(392 posts)
185. I am behind you 200 percent.
Mon Jul 15, 2024, 12:39 PM
Jul 2024

We are at a very dangerous tipping point. Instead of moaning about this, we need to fight this in every way we are capable.

ancianita

(41,183 posts)
188. Good. Because as you imply, we need to fight with all our heart, soul, mind and strength.
Mon Jul 15, 2024, 12:43 PM
Jul 2024
Biden could save special counsel, but he won't because he doesn't agree with the maga 6 "official acts" clause that gives kingly powers to him -- BUT IN THIS CASE HE SHOULD.

AllyCat

(18,094 posts)
121. Our justice system works for authoritarians.
Mon Jul 15, 2024, 11:15 AM
Jul 2024

Who, then, would be correctly appointed for this job? Anyone know?

I give up.

Abstractartist

(288 posts)
125. This was
Mon Jul 15, 2024, 11:17 AM
Jul 2024

This case was a total fuck up from the beginning. Garland should have known better. Can they refile later?

I am still confident that President Biden will win a second term. Too little Trump base to vote him in, too many pissed off women to vote him in, too many smart independents that can read the writing on the wall to vote him in….. 270 is the goal, and we will get it done. Next term, Garland needs to go.

BigDemVoter

(4,642 posts)
131. I am not one teeny bit surprised.
Mon Jul 15, 2024, 11:21 AM
Jul 2024

This is fucking disgusting on every single level. I am going to have to take a break from the news, as it raises my blood pressure too much.

Response to BumRushDaShow (Original post)

berksdem

(829 posts)
138. Will this orange taint
Mon Jul 15, 2024, 11:25 AM
Jul 2024

every be held accountable for any of his crimes? So frustrating yet not shocked by anything these days.

Claustrum

(5,052 posts)
144. Sadly, the second a TFG judge took over the case, it was over.
Mon Jul 15, 2024, 11:30 AM
Jul 2024

This case was never going to court before the election and after the SC decision, the dismissal was going to happen. Everything is sadly going TFG's way. They were never going to let TFG be legally responsible so he would seem "acceptable" for swing voters.

I am sorry. This is what not voting for Hilary back in 2016 did. It was always about the supreme court. I was a first time voter that I considered myself center but slightly leaning right. I saw TFG and became a democrats (most likely for life now). It's so sad so many in the country didn't realize and see through what TFG was/is. It's especially sad for some who are supposedly lean left that couldn't vote for Hilary. We will be living through the consequence of that bad decision for years to come. I really wish TFG was defeated back then and wouldn't have taken over the republican party.

I am not saying it's the end. I am saying we have to work extra hard to turn out the vote to prevent TFG taking the office again. We have to unite no matter what you think on certain matters, such as the divide on Isreal and Gaza, Joe's age, Joe's not left enough, Joe's debate preformance.

 

cactusfractal

(578 posts)
145. I hope she has a stroke tonight
Mon Jul 15, 2024, 11:32 AM
Jul 2024

And is left aphasic and quadriplegic, but lives a very very long time soaking in silence and her own waste.

Claustrum

(5,052 posts)
148. Sorry. She isn't the one I want to have a stroke right about now.
Mon Jul 15, 2024, 11:34 AM
Jul 2024

There is clearly someone way more problematic than her.

bromeando

(128 posts)
146. Zoilacat
Mon Jul 15, 2024, 11:32 AM
Jul 2024

If I stole classified documents from my employer, I would be in jail now. Trump is being treated with kid gloves.

JoseBalow

(8,026 posts)
219. But why do you make it the subject in unrelated replies?
Sat Jul 20, 2024, 07:43 PM
Jul 2024

Whenever you reply in a thread, you usually make that the title. Like in this thread, for instance. What does that have to do with Trump classified documents?

LilElf70

(1,000 posts)
149. Can someone explain a few things?
Mon Jul 15, 2024, 11:35 AM
Jul 2024

I'm sorry I didn't read every post here, but I have a few questions.

A lawyer is a lawyer. How did Jack Smith, a prosecutor for the case, violate the appointments clause of the U.S. Constitution?

And TFG stealing documents can be in no way interpreted as a presidential act, thus immunity should not even be considered in this case.

And if they're going to drop this case, why not reopen it with a different lawyer that is acceptable. Why is Jack Smith considered to be the type of lawyer that violates the US constitution?

The corrupt right is after our constitution. None of them believe in the constitution, and will always seek judges that will back up the corrupt awipe. There's hundreds of thousands of lawyers in this country. Find one that supports the constitution and the rule of law.

That is all.

Blue Full Moon

(2,516 posts)
152. Let's try conspiracy
Mon Jul 15, 2024, 11:37 AM
Jul 2024

No theory, fact. Conspiracy fact, the republicans have been working on this for a long time. They obviously believe they have everything in place. They think the democrats are weak and timid. Do they have control of enough states for a second Constitutional Convention? In 1975 Congressman Jerry Pettis introduced 94th H.Con.Res.28
2011 legislators in AL, LA,ND approved resolutions applying for an Article V Convention. Convention of States.
Texas asked federal court to order a constitutional convention to be held in Kansas by Jan. 31, 2023.
34 states is what they need. They have 28 states they just need 6 more for a Article V convention. 2021 ALEC aligned with Trump to alter the nations bedrock legal text since 1788.

iluvtennis

(21,318 posts)
153. As a USAF veteran, I'm DISGUSTED that the prosecution of someone who stole classified national security documents can be
Mon Jul 15, 2024, 11:37 AM
Jul 2024

upended on a technicality.

Bring the appeal NOW Jack Smith as Cannon's ruling is specious.

moniss

(7,758 posts)
155. Pretty much we figured this was coming
Mon Jul 15, 2024, 11:39 AM
Jul 2024

so now it's on to appeal. Yes this was all likely cooked and orchestrated for her behind the scenes and the "cover" for her was the telegraphed message by Cash and Carry Clarence. I also doubt she has the intellect or legal acumen to whip out this lengthy of a decision in the short time since the motion to dismiss and the response by Smith. She never had a single moment in this pre-trial phase either publicly or in any decision prior to this that would lend credence to her having more than enough brain cells firing than it takes to be barely above the level of a zombie.

PatrickforB

(15,254 posts)
156. No surprise. That billionaire coup be happenin' NOW. n/t
Mon Jul 15, 2024, 11:42 AM
Jul 2024

Just raw greed on the part of the billionaires and Wall Street, really.

Evil in the form of greed and envy is starkly banal, borning, really, but there it is. And Aileen Cannon is going right along with the flow toward that great Wall Street whirlpool sucking what's left of our republic down the drain.

Bayard

(26,176 posts)
158. Can Jack Smith still file the appeal?
Mon Jul 15, 2024, 11:43 AM
Jul 2024

And does this mean, any Special Counsel that's ever been appointed would be illegal in her book, or only the Democrat ones?

AngryOldDem

(14,180 posts)
165. So Jack Smith's time was wasted and he's done.
Mon Jul 15, 2024, 11:53 AM
Jul 2024

Good to know, too, that it’s apparently okay for a former president to take classified documents and store them in the crapper.

Christ, what a country we’ve become.

Efilroft Sul

(4,099 posts)
170. The last few days have seen Trump dodge a bullet and a Cannon blowing a hole through accountability.
Mon Jul 15, 2024, 11:59 AM
Jul 2024

And the Nuremberg rally begins tonight.

jmowreader

(52,560 posts)
178. This introduces a complexity she probably didn't think of
Mon Jul 15, 2024, 12:15 PM
Jul 2024

If this ruling holds, it means only 93 people - the United States Attorneys, who are confirmed by the Senate after Presidential appointment - are allowed to bring criminal cases before a federal court, and the thousands of people who were tried by Assistant United States Attorneys are now entitled to appeal based on the fact all AUSAs are simply hired by the US Attorneys rather than being confirmed by the Senate.

llmart

(16,664 posts)
187. As far as I'm concerned...
Mon Jul 15, 2024, 12:42 PM
Jul 2024

he's still a CONVICTED FELON. Let's keep that label on him from here to eternity (or at least until President Biden wins).

Beck23

(397 posts)
193. A slow moving coup
Mon Jul 15, 2024, 12:53 PM
Jul 2024

I think we are seeing a slow moving coup kicked off by the Supreme Court.

SARose

(1,687 posts)
195. Cannon overplayed her hand
Mon Jul 15, 2024, 01:06 PM
Jul 2024

My husband just said that. He said she should have waited until closer to the election.

Think about the ads running from now until November.

“This is what Project 2025 and a Trump presidency looks like.”

You never know what influences voters. This could make some Republicans pause - not hard core MAGA.

Our MAGAs are just now hearing about Project 2025. They don’t like what they are hearing.

Javaman

(64,312 posts)
199. We are a cartoon democracy.
Mon Jul 15, 2024, 01:44 PM
Jul 2024

Celebrity Winner should have her case over turned then.

But we know the odds of that

SupportSanity

(1,489 posts)
212. This was a timed show of strength. This gives Trump et al a "big win" to riff/lie off of.
Mon Jul 15, 2024, 05:04 PM
Jul 2024

With all cameras on the RNC convention, it's another chance to tell the world that they are "right" and strong.

and it gets Canon off the hook.

See, it works out for everybody. If you're republican.

How awful.



Martin Eden

(14,671 posts)
216. Cannon probably know her ruling won't be upheld
Mon Jul 15, 2024, 09:04 PM
Jul 2024

Her objective is to delay the trial to help TFG win the election.

That's her path to career advancement, despite egregiously unsound decisions.

 

DemocraticPatriot

(5,410 posts)
217. "PAYBACK for the boss". Opportunistic moment, Trump got shot in the ear,
Mon Jul 15, 2024, 09:37 PM
Jul 2024

so she chooses this time to dismiss the case, which she has wanted to do from the beginning---

no doubt thinking that sympathy for Trump over the assassination attempt
will lesson the push-back against this action
more than at any other possible time....

She should be "removed" from her judicial seat....
I don't know how that could happen, and I don't much care how.



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