Judge Cannon Was Right – Jack Smith’s Deployment Is Unconstitutional | Joe Hoft

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Judge Cannon Was Right – Jack Smith’s Deployment Is Unconstitutional

Judge Cannon and Corrupt Jack Smith

Judge Aileen Cannon has questioned whether Jack Smith should be running any investigation for the DOJ.  Yesterday’s Supreme Court ruling shows that she was right in questioning Smith’s unconstitutional appointment.

Johnathon Turley wrote about the difference between the way that the corrupt media reports on criminal and crooked Judge Merchan in New York and the work of Judge Cannon in New York. 

Turley writes:

The politicians, the press, and pundits are in a feeding frenzy around Judge Aileen Cannon, the federal judge presiding in the Florida case against former President Donald Trump. There is a torrent of hit pieces and petty attacks on virtually every media platform.

What is impressive is the complete lack of self-awareness over the hypocrisy of these attacks. Just a few weeks ago, the New York Times and other media outlets went into vapors when anyone uttered criticism of Manhattan Justice Juan Merchan in another Trump case.

In 2020, Judge Cannon was confirmed in a bipartisan vote, with the support of liberals such as Senator Patrick Leahy (D-Vt.) and Dianne Feinstein (D-Cal.).

Now she is being denounced as a “partisan, petty prima donna, “wacko, crazy, loony, nutty, ridiculous, and outlandish,” and a “right-wing hack.” From the descriptions in the Washington Post, New York Times and virtually every mainstream media outlet, you would think that Cannon was a freak in the courtroom, raving uncontrollably at any passerby.

These critics often stress that she is an appointee of Trump, even though many Trump appointees have ruled against the former president on 2020 election issues. And these same figures denounced Trump for attacking the perceived political bias of Democratic nominees in some of his cases.

Cannon was randomly selected, as opposed to Merchan, who was hand-picked to try Trump even though he is a political donor to President Joe Biden and has a daughter who is a major Democratic operative.

Yet these same figures denounced those who questioned Merchan’s refusal to step aside or criticized his rulings against Trump throughout the trial.

In reality, the “loose Cannon” spin is utterly disconnected with her actual rulings.

She has ruled for and against both parties on major issues. That includes the rejection of major motions filed by the Trump team and most recently challenged Trump counsel on their claims that the Special Counsel is part of “a shadow government.”

Notably, when Cannon recently rejected the main motion for dismissal by the Trump team, the Washington Post buried that fact in an article titled “Judge Cannon Strikes Paragraph in Trump Classified Document Indictment.” The suggestion was that the striking of a single paragraph was more newsworthy than insisting that Trump go to trial on these counts. (Also buried in the article is a recognition that the removal of this one paragraph “does not have a substantive effect on the case.”)

Most recently, the left expressed nothing short of horror that Judge Cannon allowed the Trump team to argue a point of constitutional law in a hearing.

Scholars and former prosecutors (including former attorneys general) have argued that the appointment of special counsels like Smith are unconstitutional.

This is a novel and intriguing constitutional objection that is based on the text of the Constitution, which requires that high-ranking executive officers like U.S. Attorneys be appointed under statute or nominated by the president (and confirmed by the Senate).

Yet after the expiration of the Independent Counsel Act in Jun 1999, the Justice Department asserts the right to take any private citizen like Smith and effectively give him greater authority than a U.S. Attorney.

This glaring inconsistency has led to a number of challenges. Thus far, they have been unsuccessful, but none have gone to the Supreme Court. Cannon wanted to hear oral arguments before ruling on the question.

That decision has sent the politicians and reporters into another frenzy of faux outrage and indignation.

MSNBC legal analyst and NYU law professor Melissa Murray went on with host Chris Hayes to tell Judge Cannon to “stay in her lane” and mock her consideration of constitutional claim:

“Girl, stay in your lane. Stay. In. Your. Lane. So, yes, not only has the issue of whether the special counsel comports with the structures of constitutional law, that’s been settled. That’s been addressed in multiple courts. Settled. We don’t have to rehash that … If this were an actual issue it would ultimately be decided by the Supreme Court, not by a district court judge in Fort Pierce, Florida.”

It is a baffling lecture. Cannon is precisely in her lane in hearing a claim without controlling authority. The fact is that the Supreme Court has not ruled on the issue and many lawyers have objected to the summary treatment given the claim by other courts. The point of creating a record is to allow a full review that could well end up at the Supreme Court.

Who isn’t staying in their lane? Cannon’s colleagues.

In yesterday’s ruling on Presidential immunity, the Supreme Court ruled that the President does enjoy immunity for his official acts as President.

But perhaps more important in the ruling, is the fact that Judge Thomas called out the unconstitutional appointment of corrupt Jack Smith.

Justice Clarence Thomas Calls Out Jack Smith, He Needs to Be Vetted Before Moving Forward with Unconstitutional Attacks

Attorney known as “Viva Frei” on Twitter unwound Judge Thomas’s points stating that this is the most important part of the immunity ruling by the Supreme Court.

Judge Thomas and the majority of the court ridiculed the three Obama/Biden justices for their childlike response to Presidential immunity.  Then Thomas dropped the bomb.

Thomas shared:

…the Constitution also secures liberty by separating the powers to create and fill offices. And, there are serious questions whether the Attorney General has violated that structure by creating an office of the Special Counsel that has not been established by law. Those questions must be answered before this prosecution can proceed.

Viva Frei unwinds the ruling exceptionally from his car.  This is an exceptional analysis.

Let’s bring justice back to the Judiciary and the Justice Department. The Mainstream Media is destroying itself.

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