The Plan to Get Around the Constitution in FL Docs Case

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Judge Aileen Cannon is presiding over Donald Trump’s documents case in Florida and is now considering whether or not Jack Smith was appointed illegally. Attorney General Merrick Garland appointed him special counsel without getting Senate approval. Mark Levin, a constitutional attorney, stated that Garland had no constitutional right to do this.

Levin addressed it on his Fox News show last night. He said the Left hates the Constitution, and they hate America. They want to destroy the Constitution.

Levin said they had eviscerated the commerce clause, attacked the electoral college, election laws, and the 1st, 2nd, 4th, 5th, 6th, 8th, and 10th amendments. They ignore the 25th because it applies to Joe Biden. They are not supporting democracy.

In the case of Jack Smith’s appointment, they are violating Article 2, Section 2, Clause 2 of the Constitution. The purpose of this is to separate powers to avoid dictatorship and tyranny. Constitutionalists look and ask what the Constitution says, and the Left looks at it and asks, how can we get around it?

Former attorney generals Meese and Mulkasey signed on to the Trump case as friends of the court, agreeing with Levin.

Former U.S. Attorneys General Edwin Meese and Michael Mukasey wrote to bolster Trump’s challenge. They said that “nearly all” special prosecutors in recent history were previously appointed by the sitting president and approved by the Senate as U.S. attorneys. Smith was “neither,” they wrote, a contention the group will make in court on Friday.

Attorney Matthew Seligman argued Friday afternoon as a friend of the court, supporting the prosecution’s argument that the Supreme Court’s Nixon precedent affirms the lawfulness of Smith’s appointment. “The lawfulness of the special prosecutor’s appointment was critical,” he said regarding the ruling. “It was central and integral to the decision.”

Trump’s team argued that the Nixon precedent did not have any binding authority, deeming it “dicta” rather than a holding of the case. Moreover, Bove said that “there was not proper attention paid to the Appointment Clause.”

Professor Eliason, a New York Times and WaPo columnist and former federal prosecutor, figured out what the DOJ can do if Judge Aileen Cannon rules that Jack Smith had been appointed illegally. He added that she probably won’t do it because they can get around it.

He outlined four steps to do exactly that:

“If Judge Cannon dismisses the indictment because she finds Smith was unlawfully appointed, here’s what DOJ should do:

  1. Don’t appeal;
  2. Have US Atty in FL refile the same charges in a new case – it would be very easy and fast;
  3. case gets reassigned – hopefully to a new judge;
  4. Smith’s prosecution team are designated as Special AUSA’s in FL to continue prosecuting the case.”

Correction: Comments by Meese and Mulkasey were added after publication.


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