Jack Smith’s days outside of jail may be numbered.😎

No kidding? It never went to SCOTUS...... :auiqs.jpg:
You are correct. Score yourself a win.
After Aileen Cannon was overruled in calling it unconstitutional it hasn't gone anywhere on appeal. So the official legal standing thus far is that Smith's appointment was constitutional. Typical MAGAt Delldud......even when you "win" you lose. :auiqs.jpg:

 
You are correct. Score yourself a win.
After Aileen Cannon was overruled in calling it unconstitutional it hasn't gone anywhere on appeal. So the official legal standing thus far is that Smith's appointment was constitutional. Typical MAGAt Delldud......even when you "win" you lose. :auiqs.jpg:

She was never overruled.
 
A good guess is that Smith, along with others, thought they had a free ride as long as a doddering old fool was in the W.H.
 
After Aileen Cannon was overruled in calling it unconstitutional it hasn't gone anywhere on appeal. So the official legal standing thus far is that Smith's appointment was constitutional.
No son, that means her ruling stands unless overturned on appeal.

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She was never overruled.
Special counsels have been around for decades. From the 1970s until the late ’90s there was the independent counsel statute, which provided for a much more independent special prosecutor than what Attorney General [Merrick] Garland authorized in this matter. The Supreme Court upheld the statute in Morrison v. Olson, but it expired in 1999. After its expiration, DOJ implemented its own regulations providing for the appointment of special counsels who possess functions similar to U.S. attorneys. In 2020, in an Appointments Clause case involving the Consumer Financial Protection Bureau, the Supreme Court essentially reaffirmed Morrison v. Olson as a valid exception to a general rule about appointments.

One very surprising thing is how Cannon deals with the Supreme Court precedent in United States v. Nixon. There’s a sentence in that 9-0 opinion which resolves this issue entirely. The sentence says that Archibald Cox, who was one of the prosecutors of Nixon, was appropriately appointed pursuant to the statute. And you would have thought that would have ended this inquiry. Cannon does something I think I’ve never seen a district judge do before, which is that she looks into the history of the Nixon case, decides the issue wasn’t particularly briefed, and as a result determines that a sentence in a Supreme Court opinion that was decided 9-0 was, in fact, “dicta,” which means that it is not binding in subsequent cases as legal precedent. And as a result, she as a district judge was entitled to disregard it. I’ve never seen a district court conclude that a portion of a Supreme Court opinion is not binding; that was a first for me.

 
Special counsels have been around for decades. From the 1970s until the late ’90s there was the independent counsel statute, which provided for a much more independent special prosecutor than what Attorney General [Merrick] Garland authorized in this matter. The Supreme Court upheld the statute in Morrison v. Olson, but it expired in 1999. After its expiration, DOJ implemented its own regulations providing for the appointment of special counsels who possess functions similar to U.S. attorneys. In 2020, in an Appointments Clause case involving the Consumer Financial Protection Bureau, the Supreme Court essentially reaffirmed Morrison v. Olson as a valid exception to a general rule about appointments.

One very surprising thing is how Cannon deals with the Supreme Court precedent in United States v. Nixon. There’s a sentence in that 9-0 opinion which resolves this issue entirely. The sentence says that Archibald Cox, who was one of the prosecutors of Nixon, was appropriately appointed pursuant to the statute. And you would have thought that would have ended this inquiry. Cannon does something I think I’ve never seen a district judge do before, which is that she looks into the history of the Nixon case, decides the issue wasn’t particularly briefed, and as a result determines that a sentence in a Supreme Court opinion that was decided 9-0 was, in fact, “dicta,” which means that it is not binding in subsequent cases as legal precedent. And as a result, she as a district judge was entitled to disregard it. I’ve never seen a district court conclude that a portion of a Supreme Court opinion is not binding; that was a first for me.


That is not in any way binding in her actions unless brought before a court. Until or if that ever happens, her decision stands.

:itsok:
 
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