By Robert Willmann
The FBI, which is part of the Justice Department, seized documents from the Mar-a-Lago residence of Donald Trump on 8 August 2022 using a search warrant. Some of the documents taken had “classified markings”, and became the subject of court action about the characterization of the documents and a former president’s legal right to possess them. No criminal case was filed at that time. The focus was on the nature of the documents. Col. Lang posted an article about classified information in this context on 29 August 2022—
https://turcopolier.com/once-again/
A further discussion on that subject and the Presidential Records Act was had here on 14 September 2022—
Later that year, on 18 November 2022, Attorney General Merrick Garland appointed John L. “Jack” Smith to be a special counsel, to investigate possible violations: (1) “in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021,” and (2) regarding the handling of documents at Trump’s Florida residence and those that were seized pursuant to the search warrant. Smith got a grand jury indictment on 8 June 2023 against Trump and his aide, Waltine Nauta, in the classified documents matter, which was filed in the federal Southern District of Florida. A “superseding indictment” replaced it on 27 July 2023, and added Carlos De Oliveira as a defendant. He is described as a property manager and former valet at Mar-a-Lago.
One request to dismiss the criminal case asserted a violation of both the appointments and appropriations clauses of the U.S. Constitution. The order dismissing the case is based only on the issue of the appointments clause. Here is the 93-page order which ends the criminal prosecution in the federal trial court in Florida. Containing a fair amount of history, it is worth reading, given that the whole idea of an independent counsel to investigate cases started with the Independent Counsel Act in 1978, after the Watergate controversy during the time of former President Richard Nixon. That law expired in 1999 by a sunset provision, and has not been renewed by Congress. This whole “special counsel” business then emerged. The order can be displayed in the pdf computer format or downloaded for reading–
The government can appeal this order to the federal court of appeals through Title 18, U.S. Code, section 3731–
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3731&num=0&edition=prelim
Judge Cannon has been reversed before and probably will again and when that happens, she may also be removed. A lot of legal experts consider her incompetent and even biased. We do know that she is rather inexperienced and was advised to not take the case due to that. I do not recall any complaints from Republicans when Ken Starr was appointed.
Which legal ‘experts’ consider her incompetent? Are any in congress? I mean AOC filed articles of impeachment against two Supreme Court justices, surely a lower court judge could be impeached for ‘incompetence’. Oh, one of those justices facing AOC’s articles in the one who wrote about that special council appointment being unconstitutional, kind of like what Judge Cannon said in her ruling. I wonder what the other 8 will say if an appeal by Mr. Smith makes it that far. If “cool down” the rhetoric Biden doesn’t say no to an appeal that is. He is still president and can tell Garland what to do?
“I do not recall…” – could be due to age or simply poor memory. And no amount of sources, citations or seances can fix these problems, problems perhaps similar to President Biden’s. For the rest of you, Ken Starr was appointed in 1994 when the Ethics in Government Act was renewed. This law expired in 1999.
“I do not recall any complaints from Republicans when Ken Starr was appointed.”
To be fair lying about a BJ was an egregious act then, an official act now.
How does the saying go? Sometimes the truth is hard to swallow.
Lesly,
They didn’t know about all the visits to Epstein’s island or what went on there back then. Some times you need to spit, not swallow. Especially when that debate show just how much ‘cover’ they have been providing to our president for years.
Fred,
Do you mean presidents?
Or do you mean Trump’s denial that he visited the island is legitimate and Clinton’s is not?
Trump chose J.D.Vance as his running mate. Vance impresses me very positively. As said previously I’m not overly fond of Trump but now begin to recognize what I was reluctant to acknowledge — that it’s now difficult to imagine him losing his re-election bid in November.
There’s always millions of phony mail-in ballots to save the day for the “big guy”.
No Covid therefore no mail-in ballots? Is that faulty reasoning? Given your post on the NYState situation I think I know your answer.
Leaves the European politicians in trouble. They went all in as allies. Now finding the US blowing hot and cold, The White House at sixes and sevens and Vance against further US aid. They might also be aware that Kiev is suffering reverses on the battlefield.
The lawfare against Trump not going too well and no doubt Trump will remember that it was the Europeans who got Russiagate going. Unlikely also that Trump will forget the massive and prolonged campaign against him, both in the European press and from the European politicians, over the last nine years.
Biden’s refusal to allow deep strikes – so far – reduces the chances of the American being pulled further in to the conflict. The Europeans are starting to find themselves in the position of abandoned proxy rather than victorious ally.
There can no longer be any pretence that the American Courts are not susceptible to political pressure. The fact that they are now finding ingenious excuses not to prosecute the former President, rather than employing ingenious legal tactics to harass him, shows that the American Courts are also aware of the change in the wind.
None of this looks good for our warmongers over here in Europe. Serves ’em right, one would say, except that while these contorted political games are in progress over in the States, uncountable numbers are still dying in Gaza and thousands a week in Ukraine. Not an issue for most. Never is.
EO,
“There can no longer be any pretence that the American Courts are not susceptible to political pressure. The fact that they are now finding ingenious excuses not to prosecute the former President”
Yes, Perfidious Albion has her chickens coming home to roost. It is no wonder we had to fight you people in two wars. When will your government apologize for having a GCHQ operative interfere in our elections? Oh, good luck fixing your banking system without LIBOR to help you rig our bond markets. On a bright note they made one of your newly minted MP’s retake the oath of allegiance the correct way, so there is some hope for you.
Fred – I didn’t like to ask for yet another of my typing errors to be corrected but there’s one I should mention. Should read “reduces the chances of the Americans being pulled further in to the conflict.”
On the two wars you mention, I thought you lost the second and the French won the first for you. That’s why the White House is painted white and why you can’t spell properly. Also why you’re no good at cricket. Had you stayed with us a little longer we might have taught you the rudiments of that noble game and you wouldn’t be having to make do with rounders instead.
Apart from those two contretemps the two countries seem to get on quite well together. Your FBI wanted your President Trump knocked back and our Intel people obligingly provided the material. I call that service with a smile and can’t see why anyone is complaining.
Though it wasn’t all our own work. The Dutch and the Estonians and I think the Australians also put their shoulders to the wheel. Wasn’t our fault that the FBI screwed the operation up. Next time you want a Presidency wrecked you’d do better to leave it to us entirely and keep the FBI out of it.
Both your Central Bank and ours are burning the midnight oil attempting to ward off the crash. Might be a hopeless quest but it would be charitable to leave them in peace to get on with it. Not only charitable. Expedient. Both your savings and mine depend on their efforts.
………………………..
On a serious note, yes. Not only the US and the UK are watching the “chickens coming home to roost.” The entire West with us. We played the Ukrainians for suckers and they lost half a million dead. We gave that psycho Netanyahu bombs and ISR assistance and that’s another heap of corpses. So we can’t really complain when the backlash comes our way.
Off topic – wonderful that Trump survived. Looks to have been the merest chance that he did. Very sorry for your dead and injured. On that we can both, for once, wholeheartedly agree.
English,
Damned with faint praise, eh? New Orleans anyone? Taught a few redcoats the art of the skeedadle. Then there’s all those frigate actions and privateers with letters of Marque. Did quite a number on your merchant marine. I even recall the RN having to violate Chile’s neutrality to take out the USS Essex.
The French weren’t at Bunker Hill, Saratoga, or a dozen other places, but yes we would have taken longer without their help. You’ve wanted control of your colonies ever since.
“Your FBI wanted your President Trump knocked back and our Intel people obligingly provided the material. I call that service with a smile and can’t see why anyone is complaining.”
Some bureaucrat called and your government was providing smiling service – of interfering in our elections. That would be cause for war in the George III’s day, or even Victoria’s. I doubt they kept Elizabeth II in the loop on that one.
Vance gives him Ohio. But he was already going to win Ohio. So why would he go with a guy who called him an idiot?
leith,
That all is forgiven at bending of the knee encourages others to do so.
Trump is a narcissist. And his relationships to others are transactional only. All Vance needs to do is making up some story why he called Trump an idiot before, but now being truthful in singing the praise to Trump. It’s quite easy to manipulate Trump if you tell him he is a genius.
Sometimes passionate grown men get pissed off at each other and sometimes, later, they come to respect each other and then bury the hatchet.
Sheesh. Not every everyone is cursed with a prissy, petty, female brain.
TonyL,
Nonetheless a clever choice by a clever devil. Because it achieves a subtle blurring and blending effect – Vance’s previous anti-Trump stances will, in many minds, combine with his present pro-Trump attestations and the ex-president will stand to pick up votes of Dems and independents who are undecided as yet and some will switch out of aversion to Biden’s age problem. Their rationalization will be that he became Trumpian on policy only out of political and personal opportunism and with high likelihood still retains his earlier outlook. The choice of Vance began working its magic on me immediately for another reason, namely the fact that he didn’t pick Rubio who I happen to find thoroughly repugnant. I’m sobering up though after Reading up on the author of Hillbilly Elegy and his love affair with Peter Thiel whose name’s last six letters are an anagram for a notorious German dictator.
You made me take a look, F&L. Clever indeed.
That, together with the senile performance of someone who has shown he has a very, very hard time leaving a job he has tried to reach for ages with very, very late luck, sealed the outcome. I agree.
F&L,
I’m glad you’re sobering up. Vance is a social-climber, pretty much like a young Obama. My take is Trump picked him because he will be a yes man, not an independent thinker. But you’ll never know, Vance could become POTUS if Trump wins the election. Trump is too old and obese so he could drop dead any time. Biden is much healthier than Trump, except being senile.
Both Trump and Biden showing symptoms of dementia. But Trump is cunning, when he lost his mind for a half a minute or several seconds, he started to recite his talking points, which does not have anything to do with what he was talking before or where he was, and the crowd starts applauding.
“So why would he go with a guy who called him an idiot?”
Is there any viable candidate for VP who HASN’T called Trump an idiot?
From what I can see J.D. Vance is a very talented politician, so he would make a great addition to a Trump Administration. Certainly a much better fit that former VP Pence.
As for Ohio, the way things are going for Genocide Joe and the Democrats such tactical considerations don’t really matter any more: Trump is going to pick up a lot of states that he wouldn’t normally expect to win.
Heck, the way things are tracking he could scoop up the lot.
Trump just keeps them dodging bullets.
Deus Vult
or the devil, dear Eric, as F&L suggested.
Smith doesn’t even live in the US. He lives in the Netherlands. Assuming he has dual citizenship? No idea but nobody living in the Netherlands should be charging a former US official for anything. Glad it was dismissed but Garland should be held accountable for breaking the law. It was illegal.
He was doing “war crimes” tribunal work before his unconstitutional appointment.
Yes and that’s hilarious (in a bad way) given the genocide in Gaza.
Our next Supreme Court Justice, remember the opinion Justice Thomas basically said I have the votes to fire that “private citizen.”
So the Iranians were behind the trump assignation…lol
I guess Putin is busy…
This man here does an excellent job of briefly summarizing the fact that there is absolutely nothing – zero – to tie Thomas Crooks to “the left.” In fact the evidence points in a diametrically opposite direction — to “the right.” Surprise surprise. Proves Lars correct and notably someone else here very wrong. His summary starts at T = 2 minutes approximately.
Trump’s Shooter had Trump signs on his lawn.
https://youtu.be/iO7mtuVHz-A
Pakman looks like crooks; acts like him too. Trump signs? If true, it was his parents’ house. The comments to the video are totally divisive while complaining that Trump is divisive. Complete Youtube trash. Give it time, the motive may be revealed by whoever investigates the FBI.
I also commend this video by David Pakman again highly.
The right wing crazies are:
1- Right wing
2- Crazy
3- Murderous.
4- Dumber than doornails.
5- Dangerous but unfortunately effective.
Alex Jones belongs in an insane asylum.
Alex Jones said killing Trump is the “best case scenario.”
https://youtu.be/lhPJADgfXOE
if your values are defined by certain faith & emotional sanctimony, it’s easy to overlook the theft of national security documents. & when the fix is in at the SC, I don’t get why this is even a topic.
btw, Vance was selected over Burgum ’cause the punk bros like to play Princelets together. to trump he’ll just be another Pence to use up & throw aside, but w/ more $ & less scruples. Vance is all about climbing to the top in any way possible. King Don will probably make him food-taster.
Well if you hate Vance so much, you best stop trying to dispose of Trump.
Yes, I guess that sanctimony explains Biden and Hillary secreting away national security documents.
where’d you get the idea I hate Vance? I described how he was selected, an opinion of his nature & his potential path within trumpworld. {generally, I eschew hate of people per se, instead focusing on their beliefs & behaviors. sometimes, I find a person’s beliefs / behaviors hateful & point it out. like trump… he’s racked up quite a consistent record over the decades.}
even superficial comparison of the Biden, Hillary & trump handling of national security files reveals stark legal distinctions.
have you ever considered you may jump to conclusions based upon a firmly held ideological map more so than objective (if complex) fact?
Donald Trump needs to expand his coalition and by picking Vance, he failed to do so. In many ways Vance is more extreme than Trump and it will soon become obvious. Just his views on abortion will infuriate many women and add to that he has advocated that even women married to wife beaters should not get a divorce. That will not go over well either.
The question will still be weather most Americans will embrace extremism, or reject it. In many other countries around the world, they have been rejected. Many people still are aware what happened about a century ago, when we face a similar situation.
Lars,
You mean about a century ago when the Russians became socialists and then rejected it? I agree. Now that we are facing that situation here, people are rejecting it. I also agree that in the US people are starting to reject extremist leftists ideas about children being taught by drag queens in the schools – and enforced by courts – to have themselves castrated or subject to mammectomies. Leftist calls to destroy Israel and kill all the Jews are also turning people off, as are reparations for blacks, calls to finish off the nuclear family, calls to destroy religion, mandatory experimental vaccines for something approximating a seasonal flu, pretty much any economic policy that Bernie Sanders endorses, the notion that white people are inherently racist and evil, open borders, calls to tear up chunks of the Constitution, including the first and second amendments and the electoral voting system – yes, sadly for you, but happily for the rest of us, extremism is being rejected.
Vance? He’s awesome. Someone who came from nothing and made something of himself, on his own; exactly what the left hates.
Lars,
You mean Vance agrees the states decide on both abortion and divorce? Hardly extreme, except to partisans. Here we are just a few days after Trump’s “mostly peaceful” campaign event and – not much toning down of rhetoric. I believe we got all of 48 from the usual suspects in the media.
Leaving up to the states is Trump’s dodge to try to avoid making a clear statement about what he truly believes and it is doubtful it will work in the long run. Vance has made some rather extreme pronouncements about the issue in the past and will have a hard time walking that back, like he has about his past opinions about Trump. The fact still remains that there has been no expanding the political coalition and I am sure the campaign pros, that may remain, are not happy. According to some reports, one of the main Vance promoters is Tucker Carlson, but if you listen to that idiot, you have only yourself to blame. This choice should be looked at as a sign of weakness. Some are probably not all that sure about Trump and need to have a even more extreme, but they are also getting a political rookie and that will soon show.