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Apeals court: Release Jack Smith’s report

Discussion in 'Too Hot for Swamp Gas' started by ursidman, Jan 9, 2025 at 10:32 PM.

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  1. Jan 12, 2025 at 7:40 PM #121
    92gator

    92gator GC Hall of Fame

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    Thats what I said. You just seem to have missed the significance.

    The "11th Circuit" is a court of appeals. Jack appealed the lower court's ruling (that he was illegally appointed, and therefore never had standing to prosecute the case), then dismissed his own appeal BEFORE the 11th cicuit court of appeals could rule on it, and thereby divested the 11th DCA of jurisdiction to rule on the issue.

    Therefore the lower court's dispositive judgment stands.

    Any case on the same facts would have to start from scratch, by someone with legal standing to prosecute such a case.

    Dig bra?
     
    Last edited: Jan 12, 2025 at 8:02 PM
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  2. Jan 12, 2025 at 8:13 PM #122
    G8trGr8t

    G8trGr8t Premium Member

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    any mention of the 2 co-Defendents would have to be omitted until their appeals are ruled upon is my understanding
     
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  3. Jan 12, 2025 at 8:23 PM #123
    GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    LOL. NOPE, try again.
     
  4. Jan 12, 2025 at 8:27 PM #124
    CaptUSMCNole

    CaptUSMCNole Premium Member

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    Not necessarily. The issue with Smith is that he was not Senate confirmed. If Garland replaced him with someone that has been confirmed by the Senate in their current position, then they would be the new Special Counsel and could turn in Smith's report.
     
  5. Jan 13, 2025 at 8:26 AM #125
    92gator

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    Sure, but whatever follows, would be a brand new case.

    The report could serve as a basis to seek a new indictment, for a new case--not revive the old one.

    ....and well, now your Defendant is days away from becoming sitting POTUS...
     
  6. Jan 13, 2025 at 8:55 AM #126
    CaptUSMCNole

    CaptUSMCNole Premium Member

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    The only purpose would be to get the Documents case report turned into the AG before Jan 20th. If we do not hear anything about a new Special Counsel today, I do not think it will happen.
     
  7. Jan 13, 2025 at 9:07 AM #127
    ursidman

    ursidman VIP Member

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    This seems to be a good timeline of the issues involved in release of the 2 reports. Authored by Steve Vladeck (@steve_vladeck) holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law.

    https://www.justsecurity.org/106286/cannon-special-counsel-report/

    The upshot is that there does not appear to be a dispute over whether the MAL volume will be publicly released; it likely won’t be anytime soon. The litigation at this moment is really over the January 6 volume—which doesn’t seem to have any connection to the MAL prosecution. And just to say the quiet part out loud, the urgency here stems from the unspoken but universally held understanding that, if the January 6 volume hasn’t been publicly released by January 20, it won’t be. Thus, the issue here isn’t just that Cannon appears to be exceeding her authority; it’s the possibility that the timing of this emergency appellate jousting might frustrate effective appellate relief from her interventions.
     
  8. Jan 13, 2025 at 9:24 AM #128
    92gator

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    Lawfare warriors crying foul over the courts running interference against their desperately desired lynching. :cool:

    Me: :D:p:D
     
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