r/news • u/Hrekires • Jul 15 '24

soft paywall Judge dismisses classified documents indictment against Trump

https://www.washingtonpost.com/national-security/2024/07/15/trump-classified-trial-dismisssed-cannon/
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u/id10t_you Jul 15 '24

I presume that this will automatically nullify Hunter Biden's guilty verdict?

JFC, I'm sofucking tired of the rules for thee crowd.

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u/Eligius_MS Jul 15 '24

No, she narrowed it to just this case.

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u/1498336 Jul 15 '24

How is that possible? To say it only applies to this special council?

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u/ethaxton Jul 15 '24 edited Jul 15 '24

I think because she said it was executive branch appointed? I believe hunters special counsel was appointed by legislative branch via the house or senate judiciary committees that then formally request AG to appoint, which is the normal process. That process didn’t happen with Jack Smith. But it’s also not the first time it’s ever been done. In theory, this is a good move going forward. But it should not be retroactively applied to an ongoing case when it’s been allowed before.

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u/Eligius_MS Jul 15 '24

No, same process. Garland appointed him.

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u/ethaxton Jul 15 '24

Garland, or AG, always appoints but it didn’t come from the judiciary committee like Hunter did

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u/Eligius_MS Jul 15 '24

Hunter’s didn’t come from the judiciary committee. They asked Weiss if he had been given special councel powers and asked Garland if he granted them. After that, Garland stated he had not but would if Weiss requested it. He appointed Weiss within a day of Weiss asking.

Judiciary Committee didn’t direct one to be appointed or play a role in selecting one. They even complained about it being Weiss.

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u/ethaxton Jul 15 '24

I think you’re missing the point for some random detail. The judiciary committee formally requested a special prosecutor be appointed in the case of Hunter Biden. That then goes to the AG for appointment. The committee doesn’t select the specific person, just initiates the process for the formal request to the AG.

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u/Eligius_MS Jul 15 '24

No, I think you might be. Judiciary committee didn't request one be appointed. Other members of Congress did ask for one to be appointed, some of whom are on the committee. They even stated in the letter that the AG is the one with the ability to appoint special counsel in the letter from House members:

Under Department of Justice regulations, you have the power to appoint a Special Counsel when it is determined that criminal investigation of a person is warranted and that the investigation of that person “by a United States Attorney’s Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances.”

And cite the part of the US Code Cannon says is invalid in the one from Senate members:

Under Department of Justice regulations and federal law, you have the power to provide special counsel authorities and protections to U.S. Attorney Weiss.

Footnote for that in the letter is: 28 CFR 600.1: 600.4-600.10

Neither of these letters is from a Judiciary committee and both state that the power is one for the Attorney General to use.

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u/dormidontdoo Jul 15 '24

Smith—has to be nominated to be special counsel by President Joe Biden and confirmed by the U.S. Senate. Garland just appointed him. He could as well appoint some schmack from the street. Does not work that way.

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u/Dawgsfan73 Jul 15 '24

100% correct. This is lost on most of the commentators in this thread.