Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

sl8

(16,245 posts)
Wed Aug 28, 2024, 06:07 AM Aug 28

Jack Smith clearly didn't enjoy Mar-a-Lago judge calling him a 'private citizen,' brings up treason prosecution of Jeffe

https://lawandcrime.com/high-profile/jack-smith-clearly-didnt-enjoy-mar-a-lago-judge-calling-him-a-private-citizen-brings-up-treason-prosecution-of-jefferson-davis/

Jack Smith clearly didn’t enjoy Mar-a-Lago judge calling him a ‘private citizen,’ brings up treason prosecution of Jefferson Davis

MATT NAHAM
Aug 27th, 2024, 11:13 am

The Special Counsel’s Office finally filed its appellate brief Monday in its quest to undo Judge Aileen Cannon’s dismissal of Donald Trump’s Mar-a-Lago Espionage Act indictment, and Jack Smith, buried deep within the 57-page document, took time to say he is not really the “private citizen” he’s been “fundamentally mischaracteriz[ed]” as.

[...]

“According to the district court, ‘Mr. Smith is a private citizen exercising the full power of a United States Attorney,'” the brief said. “But he is not a private citizen: he is a sworn officer of the Department of Justice.”

That aside, the brief immediately delved into history, telling of the time in 1865 that private citizen lawyers were tasked with directing the treason prosecution of Jefferson Davis, the president of the Confederate States, after the Civil War.

“There was a period in American history when ‘private citizens’ prosecuted some of the most consequential cases of the day, such as the prosecution of Jefferson Davis. But that has not been the practice for more than 150 years,” the brief said. “And to the extent the district court used the term ‘private citizen’ to refer to someone who was not already a member of the Department of Justice before receiving his commission, that definition applies equally to every member of the Department and has no relevance to the Appointments Clause or to the statutes authorizing the appointment of Special Counsel Smith.”

[...]



15 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Think. Again.

(17,992 posts)
1. The way these rightwingers keep getting away with their B.S....
Wed Aug 28, 2024, 06:18 AM
Aug 28

....you would think America only recently discovered that the justice system is meant to ensure justice is served.

AverageOldGuy

(2,067 posts)
2. Can anyone make it stop?
Wed Aug 28, 2024, 07:31 AM
Aug 28

Is there anywhere in the land a group of judges who are prepared to say “STOP THE BULLSHIT, GO TO TRIAL?”

Justice delayed is justice denied and we the people are being denied justice.

RVN VET71

(2,779 posts)
3. Justice delayed is, of course, the point
Wed Aug 28, 2024, 07:40 AM
Aug 28

The judge in this case is as corrupt as her superiors (Thomas, Alito, Gorsuch) on the Supreme Court. She is looking to feather her own nest at the expense of justice and her own reputation.

The good news: her efforts to thoroughly corrupt the system of justice will not succeed in getting her boss, Fat Donnie, back in the House. The Fat One is going down, and going down hard. Cannon may hang on to her paycheck, but her future advancement will be ended by the Harris-Walz landslide.

jaxexpat

(7,789 posts)
5. That, my friend, is the big question. Ever since Republicans have escaped prosecution from treasonous acts.........
Wed Aug 28, 2024, 08:14 AM
Aug 28

committed in 1980, maybe even before, is there any ultimately enforceable justice in the USA? The authority of judges became compromised when "infinite appeal/delay" became the official get-out-of-jail card for everyone with a pocket deep enough to buy their collusion. They've bought the USSC, you know. The laws of the land have been distilled and clarified down to this, "poor people (by that I mean anybody without a trust fund legacy) are, officially, no-fault and fair game for abuse by the 0.001%." That segment of society whose MO has been, forever, to employ useful thieves and clever idiots as expendable surrogates who insulate them from culpability for their crimes is untouchable. The red flag of prosecution can wave in the breeze forever for all the good the DOJ or a for-profit congress does to stop actual "high crimes and misdemeanors".

ashredux

(2,698 posts)
4. Judge Cannon has not come up with all this on her own. She is being coached and given information on how to proceed.
Wed Aug 28, 2024, 08:03 AM
Aug 28

She has become just a conduit for the pro Trump backers, the ones who have tons of money, and willing to spend it.

Bigerhalf

(11 posts)
8. Have to get out weeds by the roots
Wed Aug 28, 2024, 08:38 AM
Aug 28

there is an older song that has the line; Tax the rich, feed the poor, till there are no rich no more. That has been rattling around in my head for ever that applies here I think!

twodogsbarking

(12,228 posts)
10. Trump is the private citizen. Jack is the governement.
Wed Aug 28, 2024, 08:56 AM
Aug 28

Jack be nimble,
Jack be quick,
Come on Jack
Nail this prick.

SWBTATTReg

(24,094 posts)
14. Cannon needs to be impeached or removed or is there something that the DOJ can use to remove this out of cntl
Wed Aug 28, 2024, 10:15 AM
Aug 28

judges? I have read in the past (DU articles etc.) of other judges who are just as bad, one was even dragged out of court too.

Latest Discussions»Editorials & Other Articles»Jack Smith clearly didn't...