Podcast Summary
Special Counsel Appointments: Recent Mar-a-Lago case ruling may challenge legitimacy of Special Counsel appointments without Senate confirmation, potentially impacting ongoing investigations and legal proceedings
Hunter Biden's legal team is arguing for the dismissal of his indictment and conviction based on the recent ruling in the Mar-a-Lago case, which questioned the legitimacy of Special Counsel Jack Smith's appointment and funding. Justice Clarence Thomas, in a concurrence, agreed with this assessment, potentially opening the door for challenges to any prosecutions conducted by special counsels who haven't been properly confirmed by the Senate. This could have significant implications for anyone who has been indicted or convicted by a special counsel, and the 11th Circuit Court of Appeals or even the Supreme Court may ultimately need to weigh in on the matter. The potential floodgates of legal challenges have been opened, and the outcome could have far-reaching consequences.
Special Counsel Legitimacy: Judge Cannon's ruling in Florida questioning special counsel legitimacy could disrupt ongoing cases and investigations, potentially invalidating convictions going back decades.
The ruling by Judge Cannon in Florida, which questioned the legitimacy of special counsels, has created a ripple effect, with Hunter Biden's legal team using it as an argument in ongoing cases against him. This ruling, which is not yet precedent and has not been overturned, could potentially invalidate special counsel investigations and convictions going back decades. The argument is that since only one federal judge has ruled this way, anyone facing prosecution by a special counsel could challenge their cases based on this decision. This could lead to a significant disruption in the criminal justice system. The latest development in this story is that Hunter Biden's lawyers have filed motions in his ongoing cases in Delaware and California, citing Judge Cannon's ruling and Justice Thomas' concurring opinion.
Special Counsel Appointment: The lack of Congressional establishment of the special counsel's office and its reporting relationship to the Department of Justice has led to questions about its constitutional validity and potential dismissal of indictments against Trump and Biden
The constitutional validity of the appointment of the special counsel in the ongoing investigations against President Biden and former President Trump is being questioned due to the lack of Congressional establishment of the special counsel's office. The Appointments Clause requires the President to nominate and the Senate to confirm principal officers, but the special counsel, who reports to the Department of Justice and receives funding from it, is being considered a principal office rather than an inferior one, despite having a boss and being an employee of the Department of Justice. This argument, guided by Justice Thomas' opinion in a previous case, has led to the dismissal of an indictment against Trump, and Biden is now attempting to use it to dismiss his own indictment.
Zbiotics pre-alcohol: Genetically engineered probiotic helps reduce rough mornings after drinking, allowing for a refreshed and ready day, backed by a money-back guarantee.
Zbiotics pre-alcohol offers a solution for adults who enjoy drinking but have responsibilities the next day. This innovative product, which is the world's first genetically engineered probiotic, is designed to help break down the toxic byproduct created by alcohol in the gut, reducing the rough mornings that follow. By making Zbiotics your first drink of the night, you can wake up feeling refreshed and ready for your day, whether it's for a business meeting, family outing, or social event. Zbiotics is backed by a 100% money-back guarantee, and you can get 15% off your first order by going to zbiotics.com and using the code "legal AF" at checkout. While some may argue that Hunter Biden's use of this product could be seen as embarrassing for the Biden administration, it's important to remember that everyone deserves to enjoy their social life while still being responsible for their commitments. So, whether you're gearing up for summer plans or just looking to improve your mornings after a night out, consider giving Zbiotics pre-alcohol a try.
Hunter Biden's legal challenge: Hunter Biden's legal team must challenge the special counsel's appointment for professional reasons, potentially impacting his cases. Concerns of fairness arise due to the special counsel's Democratic background, but focus is on filings in Delaware and California.
It would be professional misconduct for Hunter Biden's legal team not to challenge the appointment of the special counsel investigating him, given the potential implications for his cases. The Supreme Court or other appellate courts may ultimately decide the validity of the special counsel's appointment, but Hunter Biden still has the right to a vigorous defense. Additionally, the special counsel for Hunter Biden's case was previously a U.S. attorney appointed by a Democratic attorney general, which some argue raises concerns about fairness. The focus, however, is on Hunter Biden's filings in Delaware and California, where he is challenging the special counsel's appointment. The filings also praise the virtues of Justice Thomas.
Special Counsel Validity: Justice Thomas has questioned the constitutional authority of the special counsel position, raising doubts about its need for Congressional approval and sparking debates about its validity, which could impact ongoing investigations
Justice Thomas has expressed doubts about the constitutional authority of the special counsel position, questioning whether it requires Congressional approval as the Constitution requires for creating federal offices. This has been a topic of discussion in relation to ongoing debates about the validity of the special counsel investigations. The case of Morrison vs. Olson from 1988 established the legality of an independent counsel, but its validity is currently being questioned by the Supreme Court. The ongoing calls for dismissing investigations against individuals like Hunter Biden using arguments raised by Donald Trump are a natural consequence of these debates, reflecting the broader political climate.
Selective enforcement, professional malpractice: Judge Cannon's decision in the Trump case raises concerns of selective enforcement and potential professional malpractice, which may set a questionable precedent and have implications for other high-profile cases.
The decision made by Judge Cannon in the Trump case, which appears to favor Hunter Biden, sets a questionable precedent that other lawyers may try to replicate in their own cases. This issue of selective enforcement and potential professional malpractice was discussed on the legal podcast "Legal AF," and it's expected that higher courts will address this issue in due time. However, ignoring this issue and pretending it doesn't exist could be problematic for Biden's legal team. It's important to acknowledge and address these concerns rather than burying our heads in the sand. Furthermore, there are many famous figures who have been prosecuted by special counsels over the last 50 years, and it remains to be seen how they will respond to this decision. Stay tuned to the Midas Touch network and Legal AF podcast for updates on this developing story.