It’s going to be a short week. I missed yesterday because I wasn’t feeling well, and I’ll be out of town this weekend. But there’s so much material that I’ll be able to at least post some stuff that will make you want to tear your hair out.
Let’s start with the clown show that is all of the persecution by prosecution of Donald J. Trump. Besides all the inflated charges based on a thin-as-gruel layer-of-ice in the Sarhara, including Garland’s DOJ staging photos of the documents that Trump allegedly took illegally, it turns out that the man prosecuting Trump, Special Counsel Jack Smith, is in fact doing so illegally because he has no constitutional authority to do so.
The liberal news media is full of false stories about how Judge Aileen Cannon of the United States District Court for the Southern District of Florida has delayed former President Donald Trump’s trial unnecessarily for allegedly mishandling classified documents. But, in fact, the Biden Administration and its Attorney General, Merrick Garland, are themselves to blame for the current delay. Special Counsel Jack Smith claims to be an inferior officer of the United States, but in fact he holds no such office. Smith is a mere employee of the Department of Justice, and he lacks the power to initiate prosecutions. Lucia v. Securities and Exchange Commission, 585 U.S. __ (2018) holds that only officers of the United States can take actions that affect the life, liberty, and property of citizens.
Judge Cannon has asked for oral argument on June 21, 2024 on former President Donald Trump’s motion to dismiss Special Counsel Jack Smith’s indictment on the ground that Smith was unconstitutionally appointed to his current job because he is not an inferior officer. Washington, D.C. super-lawyer, Gene Schaerr, has filed an amicus brief in United States v. Trump on behalf of former Attorney Generals Edwin Meese III and Michael B. Mukasey, as well as me and Professor Gary Lawson, arguing that Jack Smith was unconstitutionally appointed to be an inferior officer, and Judge Cannon has asked Gene Schaerr to participate in the oral argument, which he has agreed to do.
The Appointment Clause of Article II, Section 2 provides that: “the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.” Jack Smith claims to be an inferior officer of the United States appointed by the Head of the Justice Department, but he is instead a mere employee.
It sure seems like Smith is unauthorized to charge “Trump with 40 felony counts, including allegedly violating the Espionage Act, making false statements to investigators and conspiracy to obstruct justice.” If it turns out that the judge agrees, Smith’s case will be dismissed and Garland will have to find someone else with the proper vetting to pursue the case. By that time, the election will be here and, God willing, Trump will have kicked this administration out on its keister.
Jack Smith, however, was a private citizen, and not a sitting U.S. Attorney, when Attorney General Merrick Garland named him to be the Special Counsel who would investigate and prosecute Donald Trump. Smith’s appointment as an inferior officer was thus unconstitutional, and therefore the cases against former President Donald Trump, which Smith is prosecuting in Florida and in Washington D.C. must be dismissed. Again, Congress has never by law vested in the Attorney General the power to appoint inferior officers.
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Thank God Judge Cannon has scheduled oral argument on President Trump’s motion to dismiss Jack Smith’s prosecution of Trump for misuse of classified documents by a Justice Department employee who has not been nominated by the President and confirmed by the Senate. The judge should dismiss Smith’s case, and the Eleventh Circuit, and the U.S. Supreme Court should affirm that dismissal.
Smith should be prosecuted and sued for illegally bringing charges, along with impeaching Merrick Garland.
LOL. That’ll never happen.
Trump did nothing to deserve what he’s getting. This lawless administration is using lawfare to drain Trump’s finances, emotionally destroy him, and keep him off the campaign trail. And it’s doing so illegally.
But Trump seems to thrive in this hostile environment. He comes out swinging and uses the press to his advantage, basically getting in-kind donations with free media coverage that reaches millions and millions of people.
The persecution of Trump in all its forms is a travesty of justice.