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Jack Smith Appeals Judge Cannon Decision To Throw Out Trump Case
Special counsel Jack Smith urged an appeals court Monday to reverse U.S. District Judge Aileen M. Cannon’s dismissal of Donald Trump’s classified-documents case, arguing that Attorney General Merrick Garland had clear authority to appoint Smith to lead the prosecution.
Smith wrote that Cannon ignored decades of precedent when she issued her stunning decision to toss out the entire indictment, in which she said Smith was wrongfully appointed and wielded too much power for someone who was not in a Senate-confirmed position.
The 60-page filing to the U.S. Court of Appeals for the 11th Circuit marks the latest salvo in what has become a contentious relationship between the special counsel and Cannon, who was nominated to the bench by Trump and confirmed just before he left office. In measured language, Smith insisted Cannon’s dismissal of Trump’s indictment trampled on decades of legal precedent and Justice Department practice regarding the appointment of special or independent prosecutors.
Cannon has already been reversed by the appeals court in this case – at a much earlier stage of the classified-documents investigation. After FBI agents retrieved scores of classified documents from Trump’s home, Cannon ruled against the Justice Department and imposed an outside legal expert to review some of the evidence. That move was roundly rejected and reversed by the 11th Circuit. Smith is now asking that same court to again intercede to put the case back on track.
Cannon’s ruling that Smith was unlawfully appointed halted what was considered by many lawyers to be the strongest criminal case against the former president as he again seeks the White House. Two other indictments against Trump are also stalled. He was convicted in May in a fourth criminal case for falsifying business records related to hush money payments in 2016. He is scheduled for sentencing next month, though his lawyers have asked for a delay.
For decades, Smith argued in Monday’s court filing, attorneys general have appointed special counsels, and court after court has upheld those appointments as valid.
Cannon’s decision “conflicts with an otherwise unbroken course of decisions, including by the Supreme Court … and it is at odds with widespread and long-standing appointment practices in the Department of Justice and across the government,” Smith wrote.
Trump’s reply to the appeal is due in about 30 days. His campaign issued a statement Monday saying the higher court should uphold Cannon’s ruling.
“As we move forward in Uniting our Nation, not only should the dismissal of the Lawless Indictment in Florida be affirmed, but be immediately joined by a dismissal of ALL the Witch Hunts,” Trump campaign spokesman Steven Cheung said in a statement. “Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”
Cannon’s July 15 ruling was a shocking rebuke to a historic set of charges, in which the former president was accused of repeatedly breaking the law by allegedly stashing classified documents at his Mar-a-Lago home and obstructing government efforts to retrieve them.
Smith quickly vowed to appeal. He filed his legal argument one day before the Tuesday deadline set by the federal appeals court in Atlanta – the first step in a lengthy process that the government must take in its quest to resurrect the case.
If Trump wins the 2024 election and again becomes president, he could pressure his Justice Department to drop the appeals effort. Continuing would mean pitting his Justice Department lawyers against his personal defense attorneys in court.
But if Trump loses, the appeals process probably would go forward under the next administration, and the question of whether Smith was lawfully appointed could be decided by the Supreme Court. If the justices conclude that Cannon is wrong and that Smith was lawfully appointed, Smith could continue with his prosecution of Trump in Florida.
Cannon’s decision is only binding in the South Florida district in which she serves. It does not affect Smith’s separate prosecution of Trump in D.C. on election interference charges. That case has been on hold since last year and may be significantly narrowed by a Supreme Court decision that former presidents have broad criminal immunity for official actions. A hearing is scheduled next week for the judge in that case, Tanya S. Chutkan, to begin deciding which parts of the indictment can move forward.
In her ruling on the classified-documents case, Cannon drew distinctions between appointments of independent counsels – a predecessor to what is now known as a special counsel – and Garland’s appointment of Smith under the latter title.
But Smith largely dismissed that concern as superficial and said the mechanism that has allowed for independent-counsel-type appointments in the past is largely the same as in the modern era.
He argued that from the president of the Confederacy, Jefferson Davis, to the only American president to resign under threat of impeachment, Richard M. Nixon, U.S. courts have allowed for special or independent prosecutors.
“The district court erroneously regarded this history as ‘spotty’ or ‘ad hoc,’ giving undue emphasis to superficial differences in the appointments and roles of certain special and independent counsels,” the prosecutor wrote.
Smith criticized Cannon’s decision to disregard what the Supreme Court said about the appointment of such prosecutors in its U.S. v. Nixon ruling.
In 1974, the high court unanimously ruled that Nixon needed to hand over to a federal court tape recordings and other subpoenaed materials related to the Watergate scandal. In that opinion, the justices wrote that Congress has given the attorney general the authority to appoint a special prosecutor – one of the earlier variations of a special counsel – to handle key duties of the department.
Cannon, however, concluded that part of the ruling was not central to the decision and did not dictate the constitutionality of special counsels. Smith wrote that Cannon erred when making that decision, noting that the justices who decided the Nixon case did not include any caveat language to suggest their assertion on special counsels did not have legal muscle.
That seminal case, Smith said, “therefore binds this Court, just as it did the district court, and reversal is warranted on that ground alone.”
If allowed to stand, the consequences of Cannon’s decision could extend far beyond the appointment of special counsels to many other types of government officials, Smith argued.
“The district court’s rationale could jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch,” Smith wrote.
(c) 2024, The Washington Post · Perry Stein, Devlin Barrett
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DEAD VOTERS REMOVED: Governor Abbott Announces Over 1 Million Ineligible Voters Removed From Voter Rolls
Texas Governor Greg Abbott today announced that since signing Senate Bill 1 into law in 2021, Texas has removed over one million people from the state’s voter rolls, including people who moved out-of-state, are deceased, and are noncitizens. That removal process has been, and will continue to be, ongoing.
“Election integrity is essential to our democracy,” said Governor Abbott. “I have signed the strongest election laws in the nation to protect the right to vote and to crackdown on illegal voting. These reforms have led to the removal of over one million ineligible people from our voter rolls in the last three years, including noncitizens, deceased voters, and people who moved to another state. The Secretary of State and county voter registrars have an ongoing legal requirement to review the voter rolls, remove ineligible voters, and refer any potential illegal voting to the Attorney General’s Office and local authorities for investigation and prosecution. Illegal voting in Texas will never be tolerated. We will continue to actively safeguard Texans’ sacred right to vote while also aggressively protecting our elections from illegal voting.”
Since Governor Abbott signed Senate Bill 1 into law in 2021, Texas has removed over 1 million people from the voter rolls, including:
Over 6,500 noncitizens Over 6,000 voters who have a felony conviction Over 457,000 deceased people Over 463,000 voters on the suspense list Over 134,000 voters who responded to an address confirmation notice that they had moved Over 65,000 voters who failed to respond to a notice of examination Over 19,000 voters who requested to cancel their registration Total Over 1.1 millionOf the over 6,500 noncitizens removed from the voter rolls, approximately 1,930 have a voter history. The Secretary of State’s office is in the process of sending all 1,930 records to the Attorney General’s Office for investigation and potential legal action. To better crackdown on illegal voting, Governor Abbott signed House Bill 1243 into law last year, increasing the penalty for illegal voting, including voting by noncitizens, to a second-degree felony.
In 2021, Governor Abbott signed Senate Bill 1, Senate Bill 1113, and House Bill 574 into law. Senate Bill 1 elevated lying while registering to vote to a state jail felony, criminalized ballot harvesting, required the Secretary of State to conduct randomized audits of elections every two years, banned distribution of unsolicited mail-in ballot applications and ballots, and required ID for mail-in ballots. Senate Bill 1113 empowered the Secretary of State to withhold funds from counties that fail to remove noncitizens from their voter roll. House Bill 574 made it a second-degree felony to knowingly count invalid votes or refuse to count valid votes.
In 2017, the Governor signed Senate Bill 5, which increased the penalty for election workers who knowingly permit noncitizens and other ineligible persons to vote.
{Matzav.com}
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Nashville Officials Push for Laws to Limit Future Neo-Nazi Protests
Leaders in Tennessee’s capital seek to implement measures to constrain the white supremacist activists spreading hate on the city’s streets after a flurry of activity this summer.
WTVF-5 reports that Nashville Mayor Freddie O’Connell, the Metro Council and the city’s Department of Law have collaborated on multiple proposed legal changes.
Measures include requiring buffer zones around demonstrations; prohibiting the display of distracting flags on overpasses; banning the distribution of leaflets on private property; and criminalizing face masks for reasons not exempted from medical, religious or costume purposes.
These efforts come following four demonstrations in the city by the Goyim Defense League on July 6, 14, 15 and 16.
(JNS)
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Amazon Aims to Launch Delayed AI Alexa Subscription in October
Amazon is preparing to launch its delayed overhaul of personal voice assistant Alexa in October, according to internal documents obtained by The Washington Post, as it faces new competition from artificial intelligence voice assistants from rivals.
Access to the upgraded version of the assistant will require a paid subscription, the documents said.
The release, scheduled to occur just weeks before the presidential election, will include a new “Smart Briefing” feature that provides daily, AI-generated summaries of news articles selected based on a customer’s preferences, the documents said.
Alexa has previously struggled to accurately answer questions about political news events, such as who won the 2020 U.S. presidential election. Rival tech companies, including Microsoft and Google, have programmed their own AI chatbots Copilot and Gemini to decline to answer questions about politics, in light of concerns about misinformation in a year of consequential global elections.
But Amazon documents said that “AI features that help customers curate, summarize, and explore current events was also rated as one of the top customer requests.” News summaries can create a daily habit and drive “recurrent engagement,” according to the internal communications, used to track progress ahead of product launches.
A subscription to the new assistant could cost as much as $10 a month, the documents said, but the original version, referred to as “classic Alexa,” will remain free to use. Amazon management is planning to make final decisions on pricing, subscription structure and the product name this month, according to documents obtained by The Post.
The company declined to comment on this story. (Amazon founder Jeff Bezos owns The Post.)
Other features of the new Alexa, sometimes referred to as Remarkable Alexa or Project Banyan in the documents, include help finding recipes and a chatbot aimed at children. The documents also describe new conversational shopping tools, which if they boost e-commerce sales could, along with subscription fees, help Amazon recoup some of its investment into Alexa.
More than 500 million Alexa devices have been sold, but Amazon has not disclosed revenue or other financial details for the project. The Wall Street Journal reported last month that development costs and consumers mostly using free functions of Alexa have contributed to the company’s devices business losing tens of billions of dollars.
Amazon first announced that Alexa would get a major AI overhaul in September 2023. The project was seen as Amazon’s response to the emergence of OpenAI’s ChatGPT, which prompted leading tech companies to invest more heavily in AI. An internal Amazon document from earlier this year obtained by The Post said the revamped assistant was due to launch in September 2024.
The mid-October launch described in the new internal documents would mean it took Amazon more than a year to bring the project to fruition, slower than other major tech companies have launched some major AI projects since the debut of ChatGPT.
Amazon has not released a general-purpose chatbot similar to ChatGPT, Google’s Gemini or Microsoft Copilot, although it has launched a shopping assistant called Rufus. But the documents said that alongside the new Alexa the company plans to launch Project Metis, a web-based product, previously reported by Business Insider, that is meant to directly compete with ChatGPT-style tools.
The new Amazon Alexa is supposed to feel more conversational and charismatic, according to the documents. They describe how the assistant will learn to recognize the individual voices of new customers and ask people questions about themselves so as to be more helpful later.
“Tell me something about what you like to do on the weekends?” the device might ask, or, “Would you like to tell me more about your family?” If a user tells the assistant about their family’s dietary restrictions future recipe suggestions can take that into account. The more the AI assistant can predict customer’s needs, the more “like-able” customers will perceive it to be, the documents said.
The new AI Alexa will also help customers with other daily tasks, like finding recipes. “Food assistance was ranked one of the top 3 areas where customers want more help from AI enabled assistance,” according to the documents.
Many new features are aimed at making the Amazon shopping experience easier, which could help Amazon recoup its investment into Alexa through increased e-commerce sales.
Customers who pay for AI Alexa will be able to ask it questions about product details and appearance, like “what colors do the shoes come in?,” “what are the ingredients?” or “do you have any deals on headphones?”, according to the documents. A forthcoming product referred to as Shopping Scout can notify customers when an item they’re looking to buy goes on sale is described as “a marquee feature to drive subscriptions.”
Amazon also hopes AI Alexa will prove compelling to children. An experience called Explore with Alexa 2.0 will allow verified children to “have back-and-forth, exploratory conversations with Alexa about any topic under the sun,” the documents said. The children’s experience will be “safe and moderated,” the documents said, and in compliance with regulation.
(c) Washington Post