Quote:
Originally Posted by Dowly
Judge Cannon just scheduled her third spanking by the 11th Circuit.  |
It was always a long shot argument. Although there was some legal basis for it, I did not think it would go far, but then Justice Thomas in his concurring opinion on the SCOTUS immunity decision opined that Smith’s appointment may not be legal and a lower court should rule on it. Judge Cannon did.
No doubt the decision will be appealed, but the Court of Appeal will not just dismiss it knowing it has been considered a valid issue by SCOTUS and a reversal of Judge Cannon’s decision will go straight to SCOTUS.
That of course does not mean judge Cannon’s decision will ultimately stand, but even if she is overturned, DOJ will have to start the whole process over, so impossible that there will be a trial before the election.
Note this will also freeze Smith’s Jan. 6 case against Trump since the exact same issue are there, so no trial there before the election either.