Judge Canon throws out the classified documents case against the convicted felon

[thewayne]

According to the Judge's order, which is likely to be overturned on the inevitable appeal, ""The Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law."

Few legal scholars support her line of reasoning, and few supported her appointment to this particular circuit court. But it does serve to guarantee that this trial will not take place before the November election. And if the election goes in favor of the Democrats, it is a certainty that the charges will be refiled, this time hopefully a competent judge will be drawn.

https://www.bbc.com/news/articles/cz5rpdrxevro

Comments

[thewayne]

The thought that has been nagging at me is the 'with/without prejudice' clause.  For example, the Rust decision to dismiss the case against Baldwin with prejudice.  It's over and cannot be refiled because the prosecutor withheld the existence of potentially exculpatory evidence.  Now, in this case, she did not do so.  I'm wondering if dismissing with prejudice can only happen once the trial actually begins, as it did in Baldwin's case.  Which makes sense, to me.  Hard to make a gross error before the case begins.

[silveradept]

Not a lawyer, couldn't say because I don't know what the criteria are for prejudicial dismissal of a case. But if someone else knows, it'll save me having to look it up.