The Law of the Case (II)

United States v. Trump, Case No. 9:23-cr-80101-AMC, 2024 WL 3404555, 2024 U.S. Dist. LEXIS 123552, --- F. Supp. 3d ---- (S.D. Fla. July 15, 2024) (Cannon, J.), ECF No. 672, <https://tinyurl.com/hk4z7e76>, appeal dismissed (11th Cir. Nov. __, 2024).

Special Counsel Jack Smith has filed a motion to dismiss in both the 11th Circuit case and in the DDC case. Judge Cannon’s Southern District of Florida decision—dismissing the case based on an unconstitutional appointment and ultra vires appropriations—is now law of the case. It is good, persuasive precedent—albeit, not binding precedent. If the DOJ/Special Counsel had any inhibition relating to dismissal and leaving Judge Cannon’s decision and opinion as good, persuasive law, then that inhibition now appears to be long gone.

Seth Barrett Tillman, ‘The Law of the Case (II),’ New Reform Club (Nov. 25, 2024, 15:13 PM), <https://reformclub.blogspot.com/2024/11/the-law-of-case-ii.html>; 

**Of course, the above assumes that the 11th Circuit dismisses, in short order, as requested by the Special Counsel. (Defendant Trump did not object to the Special Counsel’s motion to dismiss.)