An Unsettling Few Days
7Digest
This episode of "Prosecuting Donald Trump" delves into the weekend's shooting at a political rally in Pennsylvania, where a man attempted to assassinate former President Donald Trump, and the subsequent investigation into the incident as a potential domestic terrorism attack. The hosts, Andrew and Mary, discuss the importance of understanding the shooter's motive and the need for heightened security measures in light of the attack. They also examine the legal implications of the shooting, particularly the potential application of terrorism-related statutes. The episode then shifts to the Judge Cannon decision, which dismissed the indictment against Trump on the grounds that Special Counsel Jack Smith's appointment violated the appointments clause of the US Constitution. The hosts analyze the legal arguments presented by Judge Cannon and critique her reasoning, highlighting the precedent set by previous cases and the lack of congressional pushback against the special counsel system. They also discuss the potential implications of the decision for the future of the case, including the possibility of a new indictment and the potential for an appeal to the Supreme Court. The episode concludes with a discussion of the options available to Jack Smith and the Department of Justice in the wake of Judge Cannon's ruling.
Outlines
Shooting at a Political Rally
This Chapter discusses the shooting incident at a political rally in Pennsylvania, where a man attempted to assassinate former President Donald Trump. The hosts, Andrew and Mary, discuss the importance of understanding the shooter's motive and the need for heightened security measures in light of the attack. They also examine the legal implications of the shooting, particularly the potential application of terrorism-related statutes.
Judge Cannon's Decision
This Chapter focuses on Judge Cannon's decision to dismiss the indictment against Donald Trump, citing the unconstitutionality of Special Counsel Jack Smith's appointment. The hosts analyze the legal arguments presented by Judge Cannon and critique her reasoning, highlighting the precedent set by previous cases and the lack of congressional pushback against the special counsel system.
Options for Jack Smith
This Chapter discusses the options available to Jack Smith and the Department of Justice in the wake of Judge Cannon's ruling. The hosts explore the possibility of a new indictment, an appeal to the Supreme Court, and the potential for a recusal motion against Judge Cannon.
Keywords
Donald Trump
Donald John Trump is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. He is a controversial figure known for his business dealings, reality television appearances, and political career. He is currently running for president in the 2024 election.
Special Counsel
A special counsel is an independent prosecutor appointed by the Attorney General to investigate a specific matter, often involving high-level government officials or sensitive national security issues. Special counsels are granted significant independence from the Department of Justice, allowing them to pursue investigations without political interference. The appointment of special counsels is governed by the Special Counsel Regulations, which outline the procedures for their appointment, powers, and responsibilities.
Appointments Clause
The Appointments Clause of the US Constitution (Article II, Section 2, Clause 2) outlines the process for appointing federal officers. It states that the President, with the advice and consent of the Senate, shall appoint ambassadors, judges of the Supreme Court, and other officers of the United States. The clause also allows Congress to vest the appointment of inferior officers in the President alone, in the courts of law, or in the heads of departments. The Appointments Clause has been the subject of significant legal debate, particularly regarding the appointment of special counsels and other independent prosecutors.
Judge Cannon
Aileen Cannon is a United States District Judge for the Southern District of Florida. She was appointed by President Donald Trump in 2020. Judge Cannon has been involved in several high-profile cases, including the case involving classified documents seized from Donald Trump's Mar-a-Lago residence and the case involving the indictment against Donald Trump related to the January 6th Capitol riot. Her rulings in these cases have been controversial and have drawn criticism from legal experts.
Domestic Terrorism
Domestic terrorism is a form of terrorism that is committed within a country by individuals or groups who are motivated by political, ideological, or religious beliefs. Domestic terrorism can involve acts of violence, intimidation, or disruption, and it is often aimed at influencing government policy or intimidating the civilian population. The US Code defines domestic terrorism as a crime of violence that violates any state law and is done with the intent to intimidate or coerce the civilian population or to influence the policy of government through intimidation or coercion or in retaliation for government conduct.
Jack Smith
Jack Smith is a career prosecutor who was appointed by Attorney General Merrick Garland as the special counsel to investigate Donald Trump's handling of classified documents and his role in the January 6th Capitol riot. Smith has a long history of prosecuting high-profile cases, including war crimes and corruption. His appointment as special counsel has been met with both praise and criticism, with some arguing that he is a highly qualified and experienced prosecutor while others have questioned his impartiality.
Republican National Convention
The Republican National Convention (RNC) is a quadrennial event held by the Republican Party to formally nominate its presidential and vice presidential candidates. The RNC is a major political event that attracts national attention and is often used by the party to showcase its platform and its candidates. The 2024 RNC is scheduled to be held in Milwaukee, Wisconsin.
11th Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal appellate court that has jurisdiction over cases from the states of Alabama, Florida, and Georgia. The 11th Circuit is known for its conservative leanings and has been involved in several high-profile cases, including the case involving the indictment against Donald Trump related to the January 6th Capitol riot.
Supreme Court
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. It is composed of nine justices who are appointed for life by the President and confirmed by the Senate. The Supreme Court has the power to review decisions of lower courts and to interpret the Constitution. The Supreme Court's decisions are binding on all other courts in the United States.
Q&A
What were the key legal arguments presented by Judge Cannon in her decision to dismiss the indictment against Donald Trump?
Judge Cannon argued that the appointment of Special Counsel Jack Smith violated the Appointments Clause of the US Constitution because there is no statute that explicitly gives the Attorney General the power to appoint a special counsel. She also argued that the appointment violated the Appropriations Clause, but she did not rule on a remedy for that violation because she dismissed the entire case based on the Appointments Clause.
What are the potential options for Jack Smith and the Department of Justice in the wake of Judge Cannon's ruling?
Jack Smith has several options, including appealing the decision to the 11th Circuit or directly to the Supreme Court, or allowing another US Attorney's office to bring a new indictment against Trump. The Department of Justice could also choose to seek a recusal motion against Judge Cannon.
How does Judge Cannon's decision relate to Donald Trump's claims that the investigations against him are politically motivated?
Judge Cannon's decision is actually the opposite of Trump's claims. She dismissed the indictment because she believed that the special counsel was not sufficiently tethered to the Department of Justice and the President, not because she believed the investigation was politically motivated.
What are the potential implications of Judge Cannon's decision for the future of the case against Donald Trump?
Judge Cannon's decision could significantly delay the case and potentially lead to a protracted legal battle. It could also set a precedent for future special counsel investigations, potentially limiting the ability of the Department of Justice to appoint independent prosecutors.
What are the potential implications of the shooting at the political rally for the upcoming election?
The shooting could have a significant impact on the upcoming election, potentially increasing security concerns and influencing the political discourse. It could also lead to calls for greater unity and a rejection of violence in politics.
Show Notes
After a traumatic weekend for the nation, MSNBC legal analysts Andrew Weissmann and Mary McCord use their law enforcement expertise to take stock of the alarming assassination attempt of former President Trump. Then, they turn to Monday’s stunning dismissal of Trump’s classified documents case, after Judge Aileen Cannon took a page from Justice Clarence Thomas’ concurrence to view Jack Smith’s appointment as illegal. Andrew and Mary explain what options are available to the Special Counsel in appealing the dismissal.
Further reading: Here is are the U.S. Codes Mary and Andrew referred to:
- 18 U.S.C. 351- Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties
- 18 U.S.C. 2331 (5) - definition of ‘domestic terrorism’
Table of contents
United States
I'm surprised you didn't point out that Thomas' concurrence was just dicta.
Andrew Andrew Andrew. it's cute that you find yourself so funny. but please just print your resume instead of continually citing its highlights.