(11-08-2024, 10:27 AM)mikesez Wrote:

(11-08-2024, 09:38 AM)Jag149 Wrote: Actually yes. A special prosecutor is required to be appointed by the president and confirmed by congress. The DOJ appointed him without going thru that process. This means everything he did was, has done or will do is not legal. The judges that were over the cases have liability as well. No federal case can survive appeal. 

The New York charges he was convicted of are by New York law misdemeanors. not felonies. The prosecutor had been the #3 person in the DOJ. He quit his job and got hired by the New York DA to prosecute the case. The judge allowed evidence that is unconstitutional to be used. This case will not survive appeal and if an investigation is done there is liability for all involved. Why do you think the judge that is considering vacating the conviction.

He is negotiating to save his butt.

Your first paragraph is mostly false and a trivial technicality even if it were true.  Garland or Biden could have easily transferred Smith's charge to a prosecutor who was appointed by the Senate if it went that way.

Your second paragraph is mostly true.  Anyone who does business in New York violates New York law.  There is no real way to comply.