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Judge Cannon Deals Jack Smith Devastating Loss

wrestling-edge.com 2024/10/5

Judge Aileen Cannon has granted Donald Trump’s motion to pause certain pre-trial deadlines in Jack Smith’s classified documents case, following a Supreme Court ruling on presidential immunity. The Supreme Court, in a 6-3 decision, stating that Trump has absolute immunity for his core constitutional powers but specified there is no immunity for unofficial acts. This ruling establishes that former presidents are entitled to a presumption of immunity for their official acts.

In light of this decision, Trump’s attorneys requested Judge Cannon to pause the proceedings and reconsider two motions to dismiss, asserting that the Supreme Court’s ruling undermines the special counsel’s stance that Trump has no immunity. They argue that the ruling further demonstrates the politically motivated nature of the prosecution’s position.

Judge Cannon’s ruling allows time to determine whether Trump’s alleged conduct in the case should be classified as official or unofficial. This is significant because the classification will impact the applicability of presidential immunity to Trump’s actions.

Trump’s legal team has also invoked Justice Clarence Thomas’s concurring opinion in their arguments. Thomas questioned Jack Smith’s authority as special counsel, highlighting that Smith was a private citizen when appointed and is not Senate-confirmed. Trump’s lawyers contend that these factors invalidate Smith’s appointment and actions as special counsel.

Justice Thomas gave lots of focus in his opinion that for the prosecution to proceed, it must be conducted by someone authorized by the American people, suggesting that lower courts should address these essential questions about Smith’s appointment before continuing the case. Trump’s attorneys echoed this sentiment in their motion to dismiss.

On top of that, Trump’s legal team has accused the special counsel of leaking information to the Washington Post. According to these leaks, Jack Smith intends to continue filing motions and potentially conduct a trial even after Election Day if Trump wins, aiming to prosecute Trump before he is sworn in on January 20, 2025. This strategy is driven by the Justice Department’s inability to charge a sitting president, prompting a race against time to prosecute Trump before his possible inauguration.

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