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Expert Predicts ‘Smith Will Win’ as Special Counsel Appeals Trump Docs Case Dismissal

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Six weeks after U.S. District Judge Aileen Cannon’s decision to throw out Jack Smith’s Espionage Act/classified documents case against Donald Trump, the Special Counsel has filed a very specific appeal requesting the ruling be overturned and the case be remanded back to court.

Smith had been prosecuting ex-president Donald Trump on 40 criminal felony charges, including 34 under the Espionage Act, over his allegedly unlawful removal, retention, and refusal to return classified documents from the White House. Among them, some of the nation’s top nuclear secrets, classified at the highest levels.

Judge Cannon, a Trump-appointee, using what amounted to a template from U.S. Supreme Court Justice Clarence Thomas, dismissed the case by claiming Special Counsel Smith was wrongfully appointed. She went even further, saying all special counsels are as well, while claiming his office had been unlawfully funded.

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MSNBC’s Lisa Rubin on-air (video below) reports that Smith did not request Judge Cannon’s removal from the case. But Smith is appealing to the 11th Circuit Court of Appeals, which has previously been extremely critical of some of Cannon’s actions.

National security attorney Brad Moss surmised that “Smith likely concluded, as many suggested, that the Circuit would be unlikely to agree to that [removal] based on the existing record.”

Also notably, Rubin reports Smith is showing the November 2024 election, in which Trump is running for president, has no bearing on his timeline. Indeed, Politico’s Josh Gerstein notes today’s brief from the Special Counsel “came in 1 day ahead of deadline.”

Rubin reported, “the Special Counsel’s office hasn’t come to the [11th] Circuit and requested expedited oral argument, for example, or anything that would really move this along. It appears that they’re acting the same way that they’re acting in the case before Judge Chutkan, which is not to rush things along before the November election, but to do everything they can to shore up what is remaining of these cases, neglecting or even ignoring the fact that there’s an election in the background, just trying to do their jobs with blinders on to the impact on the election.”

READ MORE: ‘Everything Set’: Harris Camp Calls Trump’s Bluff After He Says ‘Doesn’t Matter’ About Mics

Bloomberg’s Zoe Tillman also reports, “Prosecutors didn’t ask to fast-track this appeal ahead of the Nov. 5 election — Trump is due to respond in 30 days, and then the special counsel‘s office can have 21 days to file a reply. The 11th Circuit hasn’t set a date for arguments yet.”

Rubin also explains Smith accuses Cannon of ignoring Supreme Court precedent, “when she found that the four statutes that [Attorney General] Merrick Garland had invoked in order to appoint Jack Smith, did not comport with the Constitution.”

In his appeal, Smith argues that “Congress has authorized the Attorney General to commission attorneys ‘specially retained under authority of the Department of Justice’ as ‘special assistant[s] to the Attorney General or special attorney[s]’ and has provided that ‘any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding, civil or criminal , . . . which United States attorneys are authorized by law to conduct.”

CNN legal analyst Norm Eisen, a Brookings Senior Fellow, remarked: “Judge Cannon’s decision was totally lawless & Smith will win.”

Watch Rubin’s report below or at this link.

READ MORE: ‘Black Jobs’: Trump Clarifies What He Meant

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‘Lied Through His Teeth’: Senator Warns RFK Jr. Undermining Vaccine Will ‘Kill’ Kids

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U.S. Senator Chris Murphy (D-CT) is accusing Secretary of Health and Human Services Robert F. Kennedy Jr. of lying during his Senate testimony this week, and warning that the HHS chief’s efforts to destroy faith in the measles vaccine will lead to children dying.

“It’s not a small thing that Trump’s Cabinet thinks Congress and the American people are so dumb that they can tell brazen lies over and over. We can’t normalize this,” Senator Murphy urged.

“The way in which Trump and Trump’s cabinet lie through their teeth, unapologetically and brazenly, to Congress and the American people, is outrageous,” Murphy said in video (below) he posted online Friday. “And I really worry that we risk normalizing it by not calling it out when it happens.”

He called the exchange he had with RFK Jr. “maddening” and “heartbreaking,” and said the HHS Secretary “essentially says that he’s no longer recommending that families get the measles vaccine. That’s going to kill hundreds, if not thousands of kids in this country.”

Murphy then played a clip from Kennedy’s testimony (which NCRM covered earlier this week), and, he said, caught Kennedy in a lie.

RELATED: ‘None of That Is True’: RFK Jr. Fact-Checked Repeatedly in Heated Senate Hearing

“By the way,” Kennedy told Murphy, “I said at the [House] hearing this morning that I was recommending the measles vaccine,” and told him to “look at the transcript.”

“So guess what I did?” Murphy says. “I went and checked the House transcript. It’s hours of testimony. I and my staff watched all of it, and guess what? Nowhere, nowhere in that transcript does he say he recommends the measles vaccine.”

“He lied through his teeth, and he did it because all of these MAGA sycophants have gotten used to lying. Donald Trump does it all the time, so they think they can do it as well. But we can’t normalize this because you can’t run a country if your leaders are lying to you every single day,” the Connecticut Democrat warned.

“RFK Jr. doesn’t support the measles vaccine, and he shouldn’t pretend that he does. He undermines the vaccine on a daily basis and whether we like his conspiracy theory positions or not, he should just be honest with the American people. They should all be honest with the American people, and none of us should normalize or get used to this amount of lying.”

Watch the video below or at this link.

READ MORE: ‘It Meant Assassination’: Trump Blasts ‘Dirty Cop’ Comey for ‘8647’

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‘It Meant Assassination’: Trump Blasts ‘Dirty Cop’ Comey for ‘8647’

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President Donald Trump is attacking the FBI Director he fired, Jim Comey, who is reportedly under investigation  over a photo of sea shells formed into the numbers 8647. Top Trump law enforcement and intelligence officials claim it is a call for the assassination of the 47th President, although “86” is generally understood to mean “reject” or “eject,” and, since the 1930s, in restaurant parlance, has meant a menu item is unavailable.

“He knew exactly what that meant,” President Trump told Fox News’ Bret Baier in an interview that will air Friday evening. “A child knows what that meant.”

“If you’re the FBI Director and you don’t know what that meant, that meant ‘assassination.’ And it says it loud and clear,” Trump alleged.

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“Now, he wasn’t very competent, but he was competent enough to know what that meant, and he did it for a reason, and he was hit so hard because people like me, and they like what’s happening with our country. Our country’s become respected again,” the President claimed. “And he’s calling for the assassination of the president.”

Baier interjected, saying: “Obviously, he apologized and said he —”

“Well, he apologized because he was hit,” Trump also claimed. “Look, he’s a very bad —”

When asked what he wants to see happen to the former Director of the FBI, Trump said he did not want to weigh in, and would let his Attorney General handle it.

“I don’t want to take a position on it because that’s gonna be up to Pam [Bondi] and all of the great people, but I will say this. I think it’s a terrible thing. And when you add his history to that, if he had a clean history, he doesn’t.”

“He’s a dirty cop. He’s a dirty cop. And if he had a clean history, I could understand if there was a leniency. But I’m going to let them make that decision.”

READ MORE: ‘Mad King’: Trump Teases ‘Fourth’ Term to U.S. Troops Overseas

Trump Director of National Intelligence Tulsi Gabbard told Fox News on Thursday night she thinks Comey should go to prison for posting the “8647” photo.

Asked, “Do you believe Comey should be in jail?” Gabbard replied, “I do.”

“Any other person with the position of influence that he has,” she added, “people who take very seriously what what a guy of his stature, his experience, and what the propaganda media has built him up to be?”

“I’m very concerned for the president’s life. We’ve already seen assassination attempts,” she continued. “I’m very concerned for his life, and James Comey, in my view, should be held accountable and put behind bars for this.”

But others commenting via social media were quick to point to a number of “86” posts apparently made by right wing influencers and even a former member of Congress, as well as T-shirts for sale during the Biden years.

Watch the video below or at this link.

READ MORE: ‘Significant Damage’: Walmart’s ‘Magnitude’ Warning to Consumers Spurs Trump Tariff Critics

 

Image via Reuters

 

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‘Mad King’: Trump Teases ‘Fourth’ Term to U.S. Troops Overseas

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During a rally-style appearance before uniformed U.S. troops in Qatar on Thursday, President Donald Trump—serving as their Commander-in-Chief—floated the idea of a “fourth” term and falsely claimed victory in the 2020 election he lost. The appearance drew swift criticism for blurring the line between military service and political theater.

“As you know, we won three elections, okay?” Trump told the largely silent troops (video below). “And some people want us to do a fourth. I don’t know—I’ll have to think about that.”

“You saw the new, the new hat. The hottest hat is, it says, ‘Trump 2028: We’re driving the left crazy.'”

“When you see that. We didn’t need that hat, but, uh, it was it’s been an amazing period of time,” he concluded.

READ MORE: ‘Significant Damage’: Walmart’s ‘Magnitude’ Warning to Consumers Spurs Trump Tariff Critics

Noting that Trump was speaking “at the largest U.S. military installation in the Middle East,” CNN reported that the President “thanked the U.S. troops for political support.”

“There’s – nobody been stronger than the military in terms of backing us, nobody,” Trump said. “So, I just want to thank you all very much. Great honor. Thank you very much.”

CBS News national security coordinating producer Jim LaPorta, who has reported extensively on the military, wrote: “If this was a rally, the president’s remarks would be fine. But in front of service members who are expected to be apolitical, many Defense Department officials would find these remarks inappropriate.”

READ MORE: ‘Deeply Fascist’: Massive Banner of Trump on Government Building Sparks ‘North Korea’ Vibes

The Bulwark’s Sam Stein observed: “Treating the troops like they’re at a campaign rally and sowing doubt about the past and future of American elections — all in one soundbite.”

Democratic pollster and strategist Luke Martin called it “especially jarring to see Trump flirting with blowing a hole in the Constitution in front of an entire crowd of people who literally swore an oath to protect it with their life.”

Independent journalist Mike Rothschild noted: “Making a statement like this in front of active duty troops would have generated months of scandal, hearings, and resignations in years gone by. Now it’s just another Thursday with the Mad King.”

Watch the video below or at this link.

READ MORE: GOP Plan Redefines Dependent Child as ‘Under 7’—But Adds Loophole for Married Couples

 

Image via Reuters

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