Reply to James Comey Indictment

Forum Index » Political Discussion

Reply to "James Comey Indictment"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous]Well, here comes the first real slap shot from Fitzgerald.  The motion to quash and dismiss the indictment due to Halligan's improper appointment.  For me, the kicker is how they use US v. TRUMP to show Halligan is unqualified,

"Similarly, in United States v. Trump, 740 F. Supp. 3d 1245 (S.D. Fla. 2024), the court
applied these principles when dismissing an indictment on Appointments Clause grounds because
of a defect in the appointment of the prosecutor who secured the charges. The court concluded
that “[b]ecause Special Counsel Smith’s exercise of prosecutorial power has not been authorized
by law,” there was “no way forward aside from dismissal of the Superseding Indictment.” Id. at
1302. Indeed, the government there did not even “propose an alternative course.” Id. The court
reasoned that “[i]nvalidation follows directly from the government actor’s lack of authority to take
the challenged action in the first place.”

https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.60.0.pdf[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics