Trump moves to dismiss Jan. 6 indictment and stop 'private-citizen Smith' from spending money
Source: Law & Crime
Oct 24th, 2024, 7:54 pm
Attorneys for former President Donald Trump on Thursday moved to dismiss the Jan. 6 case on the basis that special counsel Jack Smith was unlawfully appointed and has unlawfully spent tens of millions of dollars on his unjust and unwarranted prosecutions.
The 30-page proposed motion to dismiss and for injunctive relief is premised on arguments that previously held the day in the Southern District of Florida. Namely, Trumps attorneys argue the prosecutor in charge of the case was given his authority in violation of the U.S. Constitutions appointments and appropriations clauses.
While those arguments did prove successful in one courtroom, in the Mar-a-Lago documents case, U.S. District Judge Tanya Chutkan has, so far, appeared disdainful of the idea that U.S. District Judge Aileen Cannons summer decision might be cited as controlling precedent.
Thats no problem for the 45th president his latest motion largely relies on U.S. Supreme Court Justice Clarence Thomas.
Read more: https://lawandcrime.com/high-profile/unjust-case-was-dead-on-arrival-trump-moves-to-dismiss-jan-6-indictment-and-stop-private-citizen-smith-from-spending-money-with-clarence-thomas-leading-the-way/
Full headline: Unjust case was dead on arrival: Trump moves to dismiss Jan. 6 indictment and stop private-citizen Smith from spending money with Clarence Thomas leading the way
Link to MOTION (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.270.0_1.pdf
BOSSHOG
(39,813 posts)If trump is innocent wouldnt it be satisfying to prove it in court?
As Hitler said in the 1930s, I do not want the legislators, I want the judiciary. As trump wanted the likes of the corrupt freedom hating scum he appointed.
Hermit-The-Prog
(36,582 posts)Let them be bound so tightly that even the Subversive Court will be ashamed to intervene.
LetMyPeopleVote
(154,355 posts)There is binding precedent on this theory in the DC circuit that is binding on Judge Chutkan. The 11th circuit has this issue before it in Mar-a-Lago case. I doubt that the 11th circuit will affirm Judge Loose Cannons crappy opinion in the Mar-a-Lago case
PortTack
(34,630 posts)LetMyPeopleVote
(154,355 posts)UpInArms
(51,787 posts)What a freaking loser
Fiendish Thingy
(18,466 posts)mpcamb
(2,968 posts)LudwigPastorius
(10,774 posts)I'd bet it's a fuck of a lot more than it costs for an independent prosecutor to pursue a dangerous criminal.