As Twitchy reported Monday morning, former President Donald Trump scored another win when Judge Aileen Cannon threw out the classified documents case, arguing that Special Prosecutor Jack Smith had been appointed (and paid) unconstitutionally.
NewsNation host Dan Abrams wonders if that doesn't mean that Hunter Biden's gun felony conviction couldn't be thrown out too, see as his case also employed a special counsel.
Using Judge Cannon's reasoning in dismissing documents/obstruction case means Hunter Biden case should be dismissed as well. . he too was prosecuted by Special Counsel. . .
— Dan Abrams (@danabrams) July 15, 2024
Let's let him clarify:
Just read pages 72-80 of the opinion. While in other sections she notes the difference between a US attorney who was confirmed by the Senate (as was David Weiss) and Jack Smith. . here her REASONING could absolutely be used to argue Hunter's case should be dismissed as well
— Dan Abrams (@danabrams) July 15, 2024
Yeah, "absolutely" not.
This is false. The special prosecutor in the Hunter Biden case is an active US Attorney within the DOJ that was confirmed by the Senate. https://t.co/adfDOXXnNN
— Bonchie (@bonchieredstate) July 15, 2024
Dan Abrams is a chief legal correspondent for American major network and is this stupid https://t.co/0Yx3jgEtaY
— Kurt Schlichter (@KurtSchlichter) July 15, 2024
That's embarrassing.
— Christine (@Christina362568) July 15, 2024
I don’t think so. Special counsel in Hunter Biden case is US Attorney, appointed by president after Senate confirmation.
— Katie Scarlett (@Katiescarlet2) July 15, 2024
A special counsel doesn't need to be confirmed by the Senate.
— Me (@Keefer1958) July 15, 2024
Federal prosecutors DO.
But you can't be a special counsel unless you're a federal prosecutor.
Do you get it now?
Chief legal correspondent and still doesn't know process.
— Kyle Beckley (@Kyle_Beckley) July 15, 2024
Shame on you. Most pundits don't have a law degree, but you have one and should know better. David Weiss was appointed and confirmed by the U.S. Senate and is currently a U.S. Attorney. Jack Smith is neither which is required by the Constitution. Delete this.
— Savannah (@BasedSavannah) July 15, 2024
@CommunityNotes this is 100% false and needs noting.
— Jay Collinwood (@collinwood_j) July 15, 2024
Try again, Attorney-In-A-Box.
— Sweet Dreams (@SweetDreams5771) July 15, 2024
Jack Smith was improperly appointed and has no legal authority to represent the United States Judicial System.
David Weiss is a different story.
Was his special counsel legally and constitutionally appointed, unlike Jack Smith? Did his special counsel mix up all the evidence like Jack Smith?
— Jewhadi™ (@JewhadiTM) July 15, 2024
And you’re supposed to be a lawyer?! He was prosecuted by an officer appointed by the president and approved by the senate as an employee of the DOJ. Not an off the street lawyer like Smith. Come on…
— James E Trainer (@jetrainer) July 15, 2024
Weiss was confirmed by the Senate. I believe that was the main issue.
— Constance Underfoot (@ConstanceProse) July 15, 2024
- Garland should've known how this works.
This reminds us of how they tried to tell us Pete Buttigieg, and not Richard Grenell, was the first gay cabinet member, because Grenell hadn't been approved by the Senate.
Am I smarter than Dan Abrams? Weiss was Senate confirmed
— Brandon S (@BSaarX) July 15, 2024
Are you not embarrassed to post this?
— Anna (@provemewrong411) July 15, 2024
Seriously? I am sure given a little thought you will delete this.
— Punjabi Kouboi (@ghucon) July 15, 2024
Does it bother you when you find out you are so obviously wrong?
— Cody Northwood 🇺🇸 🥃 (@codynorthwood) July 15, 2024
Stop embarrassing yourself, you know good and damn well the difference between the two prosecutors and how they were appointed/assigned the cases. If y’all couldn’t lie, you wouldn’t be able to breathe.
— BeingJackson (@being_jackson) July 15, 2024
TLDR version: DOJ can't outsource its prosecutions to random political hacks. It also can't insource random hacks to perform deranged, baseless vendettas. Random outside hacks given a nametag and a legal pad lack a valid, Congressionally-established DOJ office.
— Lyretail (@Lyretail1982) July 15, 2024
This decision should have been reached a long time ago.
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