Judge Cannon ACCIDENTALLY SCREWS Trump at Worst Time

I'm joined by Harry Litman of the talking feds YouTube channel make sure you subscribe to Talking feds so we know judge Eileen Canon dismissed the special counsel jacksmith prosecution against Donald Trump that's often referred to as the maral Lago document case judge Canon says the existence of special councils is unconstitutional under the appointment clause and she then says that the Appropriations were unlawful as well but she doesn't have to get there because the appointment was unlawful she goes against decades and Decades of precedent special councils have been appointed both by Democratic and Republican administrations but Harry this may end up actually backfiring because did Judge Eileen Cannon do this prematurely ultimately for plan in the sense that now we've got the prosecutor felon Dynamic vice president kamla Harris is surging ahead Jack Smith immediately filed a notice of appeal with the 11 circuit court of appeals there's a briefing schedule unless Jack Smith seeks an expedited briefing schedule it will be heard roughly in mid October maybe early November um and then we'll be at this real inflection point we'll know the results of the election because let's vas it if Trump were to end up winning although I think vice president kamla Harris surging ahead right now is definitely good momentum versus where we were last week when we were doing this you know Trump will make sure that there are no prosecutions and basically the democracy is over however now that judge Cannon tipped her hand and made such a awful ruling as well and because this is a fairly easy case to bring to trial any other district court judge and you have way more experience than me Harry this is a case that should have been brought to trial in nine months Max maybe even shorter you know definitely under a year nothing the way judge Canon handled this so to me if she loses this appeal if Jack Smith does do something to remove her if the 11 circuit sends a scathing order you know now could there be in a position with a case against Donald Trump for stealing nuclear secrets where I know we'll learn so much more about his behavior and what he did if this case can go to trial I mean there's a world where this goes to trial mid 2025 May 2025 if Donald Trump loses because I think the 11 circuits going to issue a scathing order and say that judge Canon has no clue what she's you know doing but the politics unfortunately are a driving Factor as well what do you make of all of this um the the 11 circuit moving at an 11 circuit Pace Jack Smith moving quick where Where Do We Go From Here Harry yeah so I I think the pace there on man is the normal pace and I think the doj had an had a decision point on its hands it the very day after this order the SG the solicitor general which is the special um official at the department has to approve any appeal she did Boom the very next day boom he filed the notice of appeal but he didn't seek to expedite it I think they B they had two choices they could have just um said taken it and said all right I'm gonna I'll just refile right away somewhere else I'll get back to that in a moment or I can try to um appeal in terms of the timing since they did it that way we now have the 11 circuit issuing a schedule it'd be a little odd now for the doj to say oh can you can you speed it up and I think there it just wouldn't in any event there's no world in which the 11 circuit rules before the election so yeah you're you're really right that you can see let's say Harris wins the 11 circuit rules they reverse as they will they recuse her as they might that that'll be a whole another thing for for us to talk about and now Canon's off the case and there'll be someone one of her colleagues who will take it I think that's right but I still think she's done her fullest service to him and she calculated it you know it took us a while to come to this view having been kind of you know uh uh sort of idealistic in the law I think you and me but look the the the judge is in the tank and this is the best she could have done I think for him she dismisses it and you have that talking point and he's gone running with it a sort of little shot in the arm before the election because after that she's eventually she had nine still has nine uh big important motion she's never ruled on she would have to do something they could have appealed and they could then have uh bounced her so it's not as it backfires I think she's done all she can for him she gums it up and that and dismisses it and uh but that but that doesn't keep it from being brought in the future now back to what I was talking about though because a lot of people are saying why doesn't the department just say take give it to a US attorney as opposed to a special counsel refile it um say if she's recu and and you're you're out of the whole situation and and I think there's a reason and I don't think that's going to happen it's a little I I don't know ironic or really shows the kind of uh Devotion to First principles of the Department of Justice especially under merri Garland look there's a special counsel regag here the department promulgated it when would you need a special counsel who you bring in if there's any possible appearance of impartiality if not when you're Prosecuting the president of the the other party so even though she did them wrong she did them dirt the Canon to doj I think it's still the the policy of the Department of Justice to vindicate their regulation and especially to avoid the appearance of partiality or sort of political problems and that means even though another path could make it quicker I think they're now on the path of please 11 circuit reverse it and when then please 11 circuit Bouncer and then just going back and filing it again but not by us attorney but by Jack Smith I think certainly as long as Merck Arland is attorney general and and I think as long as uh Donald Trump is not the president the doj is gonna look to um vindicate the special Council regg that it promulgated and used it for its own purposes that'll take a little longer but the whole time calculation we've talked about this before once the election has happened and Trump's either won disaster and a lot of them go away or not one now it's you know is it is it March 2025 is it April is it um November matters a lot less because as you pointed out he's got a date now with a very very serious and also almost cut and dried case and um you know Canon will I think has done what she can it goes to another judge takes a little while whatever but it's just not the same ticking clock and nervousness as we've we've had all the way but the one point I want to say because I think I'm a little bit uh Against the Grain here people have been talking about just followed with the US attorney but I don't think they've thought it through I think this department of justice is going to keep it with a special counsel keep it with Jack Smith and that just means play it by the book hope the 11 circuit reverses hope they recuse her and then refile with somebody else on that very same district court well Harry I mean the conduct by judge Eileen Cannon throughout this is one of the most attrocious displays of made a mockery of the bench she really screwed over her colleagues and it's just a raw power play not following the law there's no analysis you can do of her orders to even tether it to reality just made stuff up to help Donald Trump consistently um and you know look the 11 circuit I think Jack Smith tear it I think he waits for this scathing order then says look based on this order you know she's not capable and competent to even be the judge here like just use that essentially as race judicata like look you just said she's unqualified strike three she's out let's get rid of her now that that's contingent on this election so I think you know Jack Smith is playing the long game he's playing the cards he was dealt they're not a great deck of cards because of Judge Eileen Canon's Behavior but I think he realizes too that by making rash precipitous decisions could lose your credibility and ultimately lose the ultimate War here and the plan is you just you got to make the moves and make All the Right Moves and there's a sometimes un fortunately in the law you can't control some things you can control what you can control and there are things you can control but you got to always um be confident be patient and pick your battles and I think that's what he's doing Harry it all perfectly you know what he said it's is it what he said H exactly right right Harry talking fed's YouTube channel really check it out it's a great YouTube channel if you just even look at the views on some of these videos recently the the the Channel's on fire see why there are so many people watching the talking feds YouTube channel and why we at the mightest touch Network love the talking feds YouTube channel it is great great stuff I learn a lot from there so hit subscribe here go to Talking feds YouTube And subscribe there thanks Harry thank you man have a good weekend real quick meta just changed their algorithm to suppress political content please follow our Instagram @ mest touch right now as we head towards 400,000 followers so you don't miss a Beat oh