Today, Judge Aileen Cannon tossed out all charges against former President Trump in the classified documents case on the basis that Attorney General Merrick Garland's appointment of Jack Smith as Special Counsel in the Trump classified documents case was unconstitutional because he was not confirmed by the Senate.
If Garland's appointment of Smith as special counsel is unconstitutional then what of his appointment of Robert Hur in the Biden classified documents case? Neither Smith nor Hur was confirmed by the Senate nor is it the practice of the Senate to confirm Special Counsels.
Somehow, I suspect if President Biden's attorneys had seen fit to challenge Garland's authority (or that of any Attorney General) to appoint Hur or any other special prosecutor up to and including Jack Smith in his case before Judge Cannon she would have rejected it out of hand.
As with the U.S. Supreme Court in the presidential immunity case, Judge Cannon has demonstrated time and again that her oath is to Donald Trump, not the U.S. Constitution. This ruling, however, will be what cinches her Supreme Court appointment should Trump get back into the Oval Office. And if there is no vacancy then Trump might very well create one for her. After all, who would stop him?
Smith has already indicated he will appeal Cannon's decision to the 11th Circuit Court of Appeals where there's a good chance they will overturn Cannon's decision. Of course, Trump will appeal to the Supreme Court who will likely overturn the decision of the 11th Circuit.
I suspect Cannon knows her decision will be overturned by the 11th Circuit. As with all her other decisions, the objective is to delay justice against Trump until such time that he is re-elected so that he can quash it on his own or direct his new Attorney General to do so.
There's a very good chance that when all is said and done that Donald Trump can do whatever the hell he wants with classified documents be it showing them off to his visitors or selling them to the Russians.
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