Choose Aileen Cannon granted Trump’s movement to pause some pre-trial deadlines in Jack Smith’s categorised paperwork case following the Supreme Court docket’s ruling on presidential immunity.
The Supreme Court docket on Monday dominated 6-3 that Trump has absolute immunity for his core Constitutional powers.
Former presidents are entitled to not less than a presumption of immunity for his or her official acts, the excessive courtroom dominated.
The Supreme Court docket dominated there is no such thing as a immunity for unofficial acts.
Trump’s attorneys on Friday requested Choose Cannon to pause the categorised paperwork case and rethink two motions to dismiss after the Supreme Court docket’s determination on presidential immunity.
“Trump’s legal professionals requested U.S. District Choose Aileen Cannon to pause all of the proceedings within the paperwork case — apart from a pending ruling concerning the particular counsel’s request for a gag order — in order that she will be able to decide whether or not Trump’s alleged conduct within the case is “official or unofficial.”” – ABC Information reported.
Trump’s attorneys argued the Supreme Court docket’s ruling “guts the [special counsel’s] place that President Trump has ‘no immunity’ and additional demonstrates the politically-motivated nature of their competition that the movement is ‘frivolous.’”
Citing Justice Clarence Thomas’s concurring opinion, President Trump’s legal professionals requested Cannon to rethink the movement to dismiss based mostly on the argument that Jack Smith was unlawfully appointed.
Recall that Supreme Court docket Justice Clarence Thomas questioned Jack Smith’s authority as particular counsel in his concurring opinion on the excessive courtroom’s presidential immunity ruling.
Clarence Thomas questioned Jack Smith’s authority as a result of he was a personal citizen when he was tapped as a particular prosecutor.
Justice Thomas additionally argued that Jack Smith shouldn’t be Senate-confirmed (Trump’s legal professionals are additionally utilizing this argument earlier than Choose Cannon).
“Relating to the Appointments Clause, together with the principal-officer concern, Justice Thomas reasoned in his concurrence: If this unprecedented prosecution is to proceed, it should be performed by somebody duly licensed to take action by the American individuals. The decrease courts ought to thus reply these important questions regarding the Particular Counsel’s appointment earlier than continuing,” Trump’s attorneys wrote, in line with the movement reviewed by The Gateway Pundit.
President Trump’s attorneys additionally blasted the particular counsel for leaking to the Washington Put up.
In response to a leak to The Washington Put up, Particular Counsel Jack Smith will proceed to file motions and probably conduct a trial after Election Day if Trump wins in a race towards the clock earlier than Inauguration Day.
The Justice Division can not cost a sitting president in order that they wish to ‘get Trump’ earlier than he’s sworn in on January 20, 2025.
The Gateway Pundit was the primary to report on this leak to WaPo.
“Remarkably, on the day after President Biden’s remarks and never lengthy after President Trump’s overwhelming debate victory, “individuals acquainted with” DOJ’s “inside deliberations” totally embraced their function on this abomination by telling the media that Jack Smith and DOJ plan to “pursue the felony circumstances towards Donald Trump previous Election Day even when he wins . . . .” Ex. B (Washington Put up article). The choice to perpetrate these leaks as a part of the response to President Biden’s crushing debate defeat resolves any doubt that Smith and the Particular Counsel’s Workplace prioritize politics over justice. Smith’s oblique notification to the media and his allies that he has no qualms about prosecuting President Trump, at the same time as President-elect after greater than 100 million People solid their votes, is in blatant violation of DOJ coverage and apply,” Trump’s attorneys wrote.
Choose Cannon granted a brief keep on two deadlines – a July 8 deadline for skilled disclosures and a July 10 deadline associated to CIPA litigation.
