by Michael Popok
Legal AF Podcast
MeidasTouch
Jul 16, 2024
Superhero Judge Aileen Cannon: Superbitch
The Special Counsel—reminding Judge Cannon that he is actually EMPLOYED BY THE DOJ—just notified her that the Attorney General has authorized his IMMEDIATE APPEAL of her ruling dismissing the Mar a Lago case because it’s DEVIATES from all prior court decisions affirming the validity of the Special Counsel’s office and funding.
Transcript
Michael popok legal AF right on time and
in breaking news Jack Smith special
counsel yes he's the special counsel
properly appointed by the Department of
Justice and by Merrick Garland is
appealing this breathtaking decision by
judge aen Cannon to once and for all rid
herself of the moral Lago case that she
hasn't liked from the moment it was
assigned to her by finding that the
special Council was illegitimate invalid
improperly appointed improperly funded
taking the queue from a bunch of magga
right-wing think tanks who wrote briefs
that she accepted and made arguments in
her courtroom that she accepted even
though they're not parties to the case
and then the final nail in the coffin
for judge Canon is the love letter from
um judge Clarence Thomas in the July
first immunity decision that looked like
it was directed directly to her it might
as well have said dear judge Canon or
dear aen you should challenge the
special prosecutor special counsel
position and dismiss the entire
indictment based on its illegitimacy
Well Jack Smith is not taking it any
longer they've been waiting they've been
chomping at the bit at the special
council's office to get a substantive
ruling out of Judge Canon not one of
these little quarter page paperless
orders that we've reported about at
nauseum here on the mest touch network
but an actual living breathing good
oldfashioned 93 page decision that is
replete with improper analysis it's both
prolix her decision 93 pages and short
on analysis in proper legislative uh
research and and de citations I don't
know how you can be both 93 both heavy
and light at the same time it's just
chalk full of
makee without real substantive proper
analysis and she with the back of her
hand she dispatches and make short work
of the analysis based on the statutes
that actually authorize
pardon
me pardon me the special counsel so Jack
Smith as
expected waiting for this day for two
years to find the third major reversible
error Mistake by judge Cannon and argue
for her reassignment off the case to the
11 circuit has finally spoken
spokesperson for the special council's
office I'll read it read it to you Peter
Carr special counsel Jack Smith's office
quote the dismissal of the case Devi
from the uniform conclusion of all
previous courts to have considered the
issue that the Attorney General is
statutorily authorized to appoint a
special counsel the justice department
has authorized the special counsel to
appeal the Court's order think of those
words
alone just that last sentence is a is a
thumb in the eye back at judge Cannon
judge Cannon spent three pages three
whole pages in her decision starting on
page 24 telling the special counsel so
that he is invalid saying that he's not
an employee of the Department of Justice
that he doesn't have any Authority with
the Department of Justice he's not a
special attorney under the the
Department of Justice he's just a
stranger to the case and uh and in a
very succinct way almost like a high
coup from Jack Smith to aen Cannon he
said the following the justice
department has authorized a special
Council to appeal the Court's orders
because I take my orders because I'm an
employee am funded by the special
counsel that is an ex that is already a
exact response to her analysis this is
what the briefing said on page 24 the
alien Cannon said in her order that
neither of the statutes relied upon by
the Department of Justice of the special
counsel to justify his existence work
those two statutes approved by Congress
are 28 USC section 510 and 515 on 510
let me read you the language of 510 510
says the Attorney General May from time
to time make such Provisions as he
considers appropriate authorizing the
performance by any officer employee or
agency of the Department of Justice of
any function of the Attorney General
what what is the special counsel other
than an employee or agency of the doj uh
being given a function of the Attorney
General there's no doubt that main
Justice the Department of Justice could
have prosecuted Donald Trump but they
did a good thing not a bad thing under
Section 28 USC 510 but this is how
dismissive she is she analyzes that in
one paragraph out of 93 pages on page 24
and she says that no after she says
special Council Smith all as all agree
and as required by the special Council
regulations was selected from outside
the United States government what do
that have do anything he was selected
from outside the United States
government but once elected judge Canon
he became an officer employee or agent
of the doj to fulfill a function of the
Attorney General and then and then she's
so self-satisfied with her analysis that
she ends it after one paragraph in 93
Pages the most fundamental issue in the
case with saying no more discussion
about 510 is necessary because she
declares it so in an imperious way
showing uh false bravado and misplaced
bravado does the same thing about the
other statute authorized by Congress
that allows for the appointment of a
special counsel section
515 here she says and I'm going to read
you to
5:15 little B as we say each attorney
spe specially retained under authority
of the Department of Justice shall be
commissioned as special assistant to the
attorney general or special attorney and
shall take the oath required by law that
all happened here I know she doesn't
like to acknowledge it but the special
counsil was commissioned as a special
assistant to the attorney general or as
a special attorney she says well that
only refers to the US attorneys in each
district no that's not what it says it
rises and Falls based on the express
language the literal language of the
statute um and she then says under
515b as she goes through the analysis on
page 26 and 27 she concludes that he's
not a special attorney because he's
outside of the normal ranking hierarchy
of the Department of Justice I mean this
is utter and complete
nonsense and to remind her of who her
his boss is even though he is quote
unquote special he is not independent
let me repeat that Jack Smith is special
counsel not independent councel yes
there is supervision by Under the
Department of Justice guidelines there
is supervision by the Attorney General
of the actions of the special counsel
and he asks to run the case to give a
big of distance or a wall between main
Justice it doesn't mean he's not
employed it doesn't mean when he gets
his direct deposit every month from the
from somewhere it's not coming from
Meritt Garland's personal bank
account the payment to Jack Smith to pay
him his salary and those of everyone
around him I mean I mean um alien count
was all upset oh we spent $14 million I
mean a third of that is for security
details to protect the special counsel
from Death Threats created by Donald
Trump's rhetoric the rest is the
sprawling investigation in two places
Mara Lago and the Department of Justice
uh case against uh him in DC election
interference and she say oh he spent a
lot of money right and every time the J
brat or uh Jeff or or uh or Pierce or
any of the special counsels working
under Jack Smith get paid if they were
to look at their check their paycheck it
would say it's coming from the
Department of Justice the US Treasury
where does he think the money's coming
from
I mean that that's that's why he said
and the Department of Justice and the
attorney general has authorize me to
appeal your butt that's my own personal
observation on that what kind of night
is it is it a single double a triple I'm
not talking about alcohol I'm talking
about souls outof office micro do THC
gummies in three strengths plus no
hangover out of office gummies come in
1.5 milligram 3 mgram and 6 mgram Doses
and three delicious flavors we love them
for clearing your inbox winding down
after work or listening to your favorite
podcast like legal AF or heading out to
a party raise your gummies not your
glasses this podcast is sponsored by
Soul Soul's new outof office gummies are
perfectly micro doed with hemp derive
THC and CBD to give any day that
chilling on the beach Vibe did you know
you can now buy hemp derived THC product
in all 50 states so how can Soul send
you THC products no matter where in the
US you live because of the 2018 Farm
Bill hemp derived THC is now legal and
accessible Nationwide outof office
gummies gives you that warm fuzzy
euphoric micro do feeling without
sending it to the moon the soul team
suggests you start by eating half to one
gummy then wait 45 minutes to 1 hour to
start feeling the effects micro doses of
tea HC keep me feeling good without the
anxious thoughts and that's not all
Soul's got whether you're looking for a
sleep aid enhanced Focus or pain relief
Soul has all your Wellness needs covered
so give Soul a try head to get soul.com
and use code legal AF for 30% off your
order that's 30% off your order using
Code legal AF one last time getold.com
and code legal AF for 30% off here's
what's going to happen
now because alien Cannon's decision is
such an outlier such a rogue such a uh
uh so outside the mainstream s such
Fringe adoption of theories zombie
theories that have been floating around
the rightwing Maga conservative world
forever anything they could throw up
against the wall if they could just find
a judge to accept it they found a judge
in Alien Cannon but fortunately she's
got bosses at the 11 circuit we know
she's ignoring thank God for that we
know she's ignored her fellow senior
lawyers sorry judges in the southern
district of Florida there's already been
reporting that judge uh Cecilia altonaga
who I know well from when I practice in
Miami who's now the chief judge in the
southern district tried to counsel aen
Canada to step off the case and I think
judge Middlebrooks did the exact same
thing she refused now we know why
because who else was going to make this
decision that she just made to dismiss
an indictment finding that special
council's off is improper after 20 or 30
years of its operation under more than
one president including Donald Trump's
own attorney general Bill bar so
thankfully it's going to the 11 circuit
now the 11 circuit is filled of former
trial judges in Miami and I know some of
them well in Alabama and in Georgia
William prior a Georgia former judge is
the chief judge but there's other lawyer
Jud keep saying lawyers there's other
judges on the 11 circuit that sits in
Atlanta sometimes here's oral argument
in different places in Alabama or in uh
in uh in Florida um um these judges are
waiting I believe for her to have made
this major step and this isn't her
stepping in a bucket this is her
stepping into a crevice and disappearing
into Oblivion because they're going to
reverse her at the 11 circuit the
question is how quickly how quickly is
that briefing schedule going to be
arranged now I'm a member of the 11th
circuit and I'm a member of the southern
district of Florida and I've appeared in
front of many of the judges in the
southern district of Florida just not
alien Cannon although I have been in her
courthouse uh up in Fort Pierce and so I
think what's going to happen is they're
going to set a relatively quick briefing
schedule throughout the month of July
into August and they're going to make it
after oral argument they're going to
make a ruling in August and I think it's
going to be against aen Canon they're
going to order her to reopen the case
and they may even reassign it because
the 11 circuit has a lemon law three
strikes in you're out and she's made
three this will be her third major
reversible error decision as a young
immature inexperienced judge two to
start the case about the documents and
the search warrant and one now and if
they reassign her which they're allowed
to do under another
statute that she won't be able to
challenge or misinterpret they'll sign
it to another senior judge in the
southern district of Florida could be
judge Middlebrooks who already had the
Clinton Trump case could be judge
altonaga anyone anyone will do a better
job than judge aen Cannon and that's the
issue that the special counsel is now
going to prosecute and of course as I've
done another hot take this opens the
floodgates of attacks against the
special councel not just this special
councel prior special councils come one
come all if you were prosecuted and
convicted by a special counsel you've
got a new case that you can wave around
on your appeal and move to vacate your
judgment or your verdict against you
honor Biden doesn't matter that your
father and his and his lawyers run the
Department of Justice you can try to get
your recent gun conviction overturned
maybe and of course Donald Trump's gonna
file the same motion citing back to aen
Canon in front of Judge chuin I can't
wait for that Collision of intellects to
happen aen Cannon's decision Half Baked
as it is too smart by half as it is
going before judge judkin in the DC
election interference case I think she
make short work of that motion to
dismiss and then you've the DC court of
appeals probably affirming the same
thing will it eventually end up with the
United States Supreme Court yes when
will that be not this term term is over
sometime in the next term which means
sometime between uh election day and the
inauguration or after we'll follow it
all like we always do here on the
mightest touch network and on legal AF
follow me Michael popac on all things
social media Ms popok and I'm a
contributor and a playlist over on this
YouTube channel look under Michael popok
so till my next hot take till my next
legal AF this is Michael popo reporting