Duce630
(DustinK - I Stand With Israel - Bring Them Home)
1
So, now that Judge Cannon has said the special counsel was not constitutional in Trump’s case… Hunter Biden’s lawyers are making the same argument for the special counsel on his cases.
Does Congress need to change the laws on Special Counsel appointments to avoid this going forward? Or should they just let it get resolved by the courts?
I’m thinking forward for any future needs of a Special Counsel no matter the political party. So trying to be non-political on this issue that certainly touches politics.
It seems the ramifications of special counsels appointed by the AG would be sizable but can’t say I’ve dug into it.
In any case, seems like it would just set off new trials. I understand why someone would want another bite at the apple or a delay but that’s really all it is.
In trump’s case it matters a lot, not sure it does with HB.
Duce630
(DustinK - I Stand With Israel - Bring Them Home)
3
I’m thinking future cases. Do we need to adjust the rules so there isn’t this particular avenue to question the constitutionality or what?
Thomas made a mention of Special Counsel in a recent case. Nobody else on the court had it on their radar for the immunity case. Judge Cannon seized on that lone comment. And yeah, there is a law for appointing Special Counsel. Code of Federal Regulations, Title 28, part 600 (28 CFR §600)
“If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution,” Thomas wrote.