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[link removed] [[link removed]] John,
Judge Aileen Cannon just dismissed the Mar-a-Lago classified documents case on the basis that Jack Smith was unconstitutionally appointed as special counsel.
That decision relies on the reasoning laid out by Supreme Court Justice Clarence Thomas in his concurring opinion in the immunity case—and it could not be more wrong. In fact, we submitted a brief in that case back in April rebutting many of the arguments that Judge Cannon and Justice Thomas made against Smith’s appointment.
Indeed, even on this ideological and politicized Supreme Court, not a single other justice joined Thomas in his opinion because it was so extreme and the arguments against it were so strong.
This is a lawless, outlier decision with no basis in statute or case law. It is deeply dangerous for accountability and checks and balances going forward.
But this is not a time to lose hope: this decision can, and should be, appealed immediately.
Despite devastating decisions in recent weeks, we cannot give up on accountability for our elected leaders. Sometimes, the path toward accountability is long and winding. This is one of those times.
CREW remains committed to ensuring that no one is above the law. And we’re not alone.
Millions of Americans believe in our democracy and our system of checks and balances. One key aspect of our judicial system is the ability to appeal bad decisions that are not based on the law—and that’s exactly what the government should do, and we believe will do, in this case.
CREW is going to keep the pressure on for legal accountability for as long as it takes. We’ve been working on this for a long time, and these delays are not going to discourage us now. Support our work with a matched donation today → [[link removed]]If you've saved your payment information with ActBlue Express, your donation will go through immediately:
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Here’s what this case is all about: The Presidential Records Act says that all White House records related to government business are public property, and that when the president and vice president leave office, those documents must be transferred to the National Archives for preservation.
When federal officials found boxes of classified documents at Mar-a-Lago, it was clear that the law had been broken.
Former presidents cannot knowingly keep classified documents in their home rather than turning them over to the National Archives. And when there are apparent legal violations by a former president, it is absolutely appropriate to appoint a Special Counsel to investigate and take action.
That’s the law, and it’s not complicated.
We understand that the repeated setbacks are frustrating and disappointing. But advocating for accountability for the most powerful has never been easy. We’re not giving up now.
Thank you,
Noah Bookbinder,
President
CREW
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