Attorney General Merrick Garland appointed Smith as special counsel in November 2022, tasking him with overseeing the federal investigations into Trump’s handling and retention of classified documents after he left office, as well as his efforts to overturn the 2020 presidential election results.
Trump’s lawyers argued in court papers filed in February that the appointments clause of the Constitution “does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States. As such, Jack Smith lacks the authority to prosecute this action.”
The special counsel’s team contended that the attorney general has statutory authority to appoint “inferior officers” and that previous court decisions have affirmed the attorney general’s authority to appoint special counsels.
Cannon found the appointment was improper.
"Since November 2022, Special Counsel Smith has been exercising 'power that [he] did not lawfully possess.' All actions that flowed from his defective appointment — including his seeking of the Superseding Indictment on which this proceeding currently hinges — were unlawful exercises of executive power," she wrote.
https://www.nbcnews.com/politics/donald-trump/florida-judge-dismisses-trump-classified-documents-case-rcna161878
Liberal lost their minds over this and how dare she claim the special counsel was improperly appointed?
Except - now Hunter Biden's lawyers are making the same claim (for the second time) in California
Judge Mark Scarsi last week ordered Geragos and Lowell to explain why they should not be sanctioned for making significant “misstatements” and displaying a “lack of candor” in a request the attorneys made that Biden’s indictment be dismissed on the grounds that Weiss was unlawfully appointed as special counsel.
Biden’s attorneys omitted from their request that Weiss also tried to charge Biden with tax violations in June 2023, before he became special counsel. The charges were part of a plea deal that fell apart that summer and led to Weiss becoming special counsel and bringing two indictments against Biden later that year.
"[Weiss] brought no charges until after he received the Special Counsel title," the attorneys wrote in their initial request.
The point of their request was to argue that Biden's nine tax charges should be tossed out because Weiss, as special counsel, was allegedly inappropriately appointed and improperly funded by Congress when he brought the charges.
“Defense counsel has never tried to mislead the Court about the fact that Mr. Weiss, as the U.S. Attorney in Delaware, brought charges by way of two now-dismissed Informations that were initially docketed in Delaware,” the attorneys wrote.
The defense attorneys filed the dismissal request after Judge Aileen Cannon made the surprise decision this month to toss out former President Donald Trump's classified documents charges in Florida on the grounds that special counsel Jack Smith was unlawfully appointed.
Biden’s attorneys said the new development warranted raising their argument about Weiss again, after they tried unsuccessfully to make the same argument earlier this year.
https://www.msn.com/en-us/news/crime/facing-threat-of-sanctions-hunter-biden-s-lawyers-argue-they-never-tried-to-mislead/ar-BB1qQ9bN?ocid=entnewsntp&pc=LCTS&cvid=a14b3cc8995e406992bd858a85896b93&ei=16
Weis - who was approved by the Senate was not properly appointed and Biden's lawyers have now tried twice to have him removed. But Smith - who was NEVER approved by the Senate - was properly appointed.
Trump’s lawyers argued in court papers filed in February that the appointments clause of the Constitution “does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States. As such, Jack Smith lacks the authority to prosecute this action.”
The special counsel’s team contended that the attorney general has statutory authority to appoint “inferior officers” and that previous court decisions have affirmed the attorney general’s authority to appoint special counsels.
Cannon found the appointment was improper.
"Since November 2022, Special Counsel Smith has been exercising 'power that [he] did not lawfully possess.' All actions that flowed from his defective appointment — including his seeking of the Superseding Indictment on which this proceeding currently hinges — were unlawful exercises of executive power," she wrote.
https://www.nbcnews.com/politics/donald-trump/florida-judge-dismisses-trump-classified-documents-case-rcna161878
Liberal lost their minds over this and how dare she claim the special counsel was improperly appointed?
Except - now Hunter Biden's lawyers are making the same claim (for the second time) in California
Judge Mark Scarsi last week ordered Geragos and Lowell to explain why they should not be sanctioned for making significant “misstatements” and displaying a “lack of candor” in a request the attorneys made that Biden’s indictment be dismissed on the grounds that Weiss was unlawfully appointed as special counsel.
Biden’s attorneys omitted from their request that Weiss also tried to charge Biden with tax violations in June 2023, before he became special counsel. The charges were part of a plea deal that fell apart that summer and led to Weiss becoming special counsel and bringing two indictments against Biden later that year.
"[Weiss] brought no charges until after he received the Special Counsel title," the attorneys wrote in their initial request.
The point of their request was to argue that Biden's nine tax charges should be tossed out because Weiss, as special counsel, was allegedly inappropriately appointed and improperly funded by Congress when he brought the charges.
“Defense counsel has never tried to mislead the Court about the fact that Mr. Weiss, as the U.S. Attorney in Delaware, brought charges by way of two now-dismissed Informations that were initially docketed in Delaware,” the attorneys wrote.
The defense attorneys filed the dismissal request after Judge Aileen Cannon made the surprise decision this month to toss out former President Donald Trump's classified documents charges in Florida on the grounds that special counsel Jack Smith was unlawfully appointed.
Biden’s attorneys said the new development warranted raising their argument about Weiss again, after they tried unsuccessfully to make the same argument earlier this year.
https://www.msn.com/en-us/news/crime/facing-threat-of-sanctions-hunter-biden-s-lawyers-argue-they-never-tried-to-mislead/ar-BB1qQ9bN?ocid=entnewsntp&pc=LCTS&cvid=a14b3cc8995e406992bd858a85896b93&ei=16
Weis - who was approved by the Senate was not properly appointed and Biden's lawyers have now tried twice to have him removed. But Smith - who was NEVER approved by the Senate - was properly appointed.
statistics: Posted by Hockeygoon — 9:35 PM - 1 day ago — Replies 2 — Views 93