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THE TRUMP SAGA HUNTER BIDEN CASE GETS UPDATE! Brian Tyler Cohen: Republicans hit with unwelcome SURPRISE thanks to Judge Cannon PLAY YOUTUBE VIDEO Original article: https://www.youtube.com/watch?v=ylvHp2oam1k Peter Burgess COMMENTARY Peter Burgess
Republicans hit with unwelcome SURPRISE thanks to Judge Cannon The Legal Breakdown with Glenn Kirschner Brian Tyler Cohen Jul 20, 2024 2.85M subscribers ... 651,085 views The Legal Breakdown with Glenn Kirschner The Legal Breakdown episode 343: ‪@GlennKirschner2‬ discusses the implications of Judge Cannon's ruling on Hunter Biden's conviction. Order my new book SHAMELESS: https://www.harpercollins.com/pages/s... Subscribe for more and follow me here: YouTube (español): / @briantylercohenespanol Apple Podcasts: https://apple.co/36UvEHs Spotify: https://open.spotify.com/show/0066rKC... Twitter: / briantylercohen Instagram: / briantylercohen Facebook: / briantylercohen Patreon: / briantylercohen Newsletter: https://www.briantylercohen.com/sign-up/ TikTok: / briantylercohen Suit by JB Clothiers: https://jbclothiers.com/btc The Legal Breakdown with Glenn Kirschner Transcript 0:00 you're watching the legal breakdown so Glenn there was a very unexpected byproduct of Judge Cannon's absurd and unconstitutional dismissal of Donald Trump's Florida case can you speak on what's Happening Now that's pretty much taking Republicans by surprise yeah Brian I don't think anybody saw this one coming as a result of Judge Cannon throwing out Donald Trump's uh classified documents case because in her estimation special counsel was not lawfully appointed well guess what Hunter Biden's lawyers just filed a motion to throw out his criminal conviction up in Delaware why because he was prosecuted by another special counsel Who was appointed under the same rules regulations and laws as Jack Smith was appointed so now Hunter Biden's lawyers are saying okay we have we have looked at judge Cannon's 93 page ruling saying special counsels are just not a thing they can't be used the way they 1:01 are currently used and we saw one Justice of the Supreme Court Clarence Thomas sort of jot off a little note to judge Canon saying hey judge Cannon why don't you look at this special counsel thing that might be a way to help Donald Trump and dismiss his case down in Florida and Hunter Biden's lawyers packaged it all up and they said us too we're going to claim special counsel is not a thing not properly appointed and because special counsel David Weiss a different special counsel um was the one who headed up the prosecution of Hunter Biden in Delaware for his very minor gun offense that he seems to have committed we want Hunter Biden's conviction thrown out too you know nobody could have seen the sort of Confluence of circumstances that would have allowed a really bad legal decision by judge Canon down in Florida to try to help out Donald Trump 2:01 somehow boomeranging and potentially being used by Hunter Biden's lawyers to try to get his conviction thrown out I do feel like we need we need the caveat here that this isn't some you know some backfire for Republicans like we didn't come out of this on top this isn't really something that we should we should celebrate I I don't care about Hunter Biden and I'm not going to you know cheer him on just because he's a figure of the left I I think if he did something wrong then he should be held to account for it the same way that Menendez and quar should be held to account even though those guys are Democrats so you know I don't think that this is a win I would caution against for anybody watching thinking that this is something to cheer on because ultimately this whole concept of discarding special councils is a gross miscarriage of Justice 100% Brian because here's the thing judge Canon's decision to throw out Donald Trump's Case by jinning up this concern about special counsel um is nonsense it's not not supported in the law four other 3:02 federal judges rejected the same argument and the Supreme Court back in the Richard Nixon days basically um authored an opinion that suggested no special counsel is just fine and special counsel or special prosecutor who issued the subpoena for Richard Nixon's tapes that were ultimately the downfall of Richard Nixon it was a good subpoena and Richard Nixon must comply now if special counsel special prosecutor was unlawful and unconstitutional the Supreme Court would have caught it back then so listen the fact that there is this bogus legal opinion that was issued by judge Cannon does not mean we should run around and say oh oh well now we're going to accept it we're going to adopt it and we're going to hope that it gets um Democrats like Hunter Biden who have been convicted out from under the trouble that they experience that's not the way 4:02 the rule of law works it was a bad opinion in Florida it's going to be a bad opinion anywhere else where somebody tries to use it like in Delaware now I will say it has no precedential value people might say you know well one federal judge ruled that special counsel is not lawful so now don't all federal judges have to sort of conclude the same thing the answer is hell no four federal judges previous viously ruled special counsel is lawful and that certainly didn't have an impact on Judge Cannon who was desperate to do a favor for Donald Trump so here's what will happen next moving forward now that this motion has been filed with the Delaware federal judge judge Nora who presided over Hunter Biden's case she will resolve this issue it's almost certain she will go with the four other federal judges and the Supreme Court all of whom said no special counsel special prosecutors 5:01 are just fine and then that will get appealed up to the judicial circuit that covers Delaware where Hunter Biden was prosecuted that's the Third Federal Judicial Circuit down in Florida it's the 11th Federal Judicial Circuit two different um circuit courts um and so this will work its way through both of those systems and at the end of the day I have to believe that there will be I'm hesitating Brian because the Supreme Court might be the one to ultimately take this up but there should be one unified rule keeping in line with the Supreme Court precedent of Nixon that special counsel special prosecutors are lawful and constitutional and that that actually lends itself to to my next question which was why would why would Hunter Biden's lawyers treat this as precedent it's it's not even it's not even precedent if if just a federal judge in the trial court uh rules as much it would have to at least be be a 6:01 ruling in a circuit court and so why would they knowing that just one errant judge somewhere ruled incorrectly by the way that suddenly special councils aren't constitutional why would they why would Hunter Biden's lawyers treat it as precedent and and as a second part to that why would they treat it as precedent knowing that it does give another judge here the opportunity to make another unconstitutional ruling in deference to Hunter Biden knowing that that will actually lend itself to helping Donald Trump in the end yeah so first of all defense attorneys don't worry about the larger implications of the positions they take when they zealously represent a client so first of all hypothetically if there was some new legal development like a new Supreme Court case that helped Hunter Biden um but it also helped Donald Trump it wouldn't matter Hunter Biden's lawyers are obligated to zealously represent their client without respect to the 7:00 impact on other potential defendants but here's the thing when you say why would they treat it as precedent I don't think they did treat it as precedent now precedent is a a word of art or a term of Art in the law so binding precedent as you precisely indicated is when a circuit court of appeals like let's stay in Delaware the the Third Federal Circuit Court of Appeals has authority over the federal trial court in Delaware so if that Appel at court issues some proposition of law they rule in some way the trial judge who sits below that federal circuit court of appeals is obligated to apply that precedent however it only applies in that jurisdiction now trial court judges don't set precedent they can issue opinions as judge Canon did down in Florida and that can be used as what we call persuasive Authority in in other words you know there's a judge down here 8:02 who decided a similar or identical issue in a particular way we find her reasoning persuasive I don't know that any learned lawyer could go that far but let's stick with the hypothetical we find it persuasive so we're offering it to you a Delaware trial court judge to see if you find it persuasive as well that's not precedent that's what we call persuasive Authority so I think Hunter by 's lawyers being very experienced and accomplished lawyers did not overstate the impact of Judge Cannon's ruling but simply said judge this issue has been decid decided differently by a judge down in Florida we're offering you her rationale as bolstered by one Supreme Court Justice's opinion Clarence Thomas and we're asking you to rule in the same way judge Canon ruled which means you have to throw out Hunter Biden's 9:00 conviction okay well obviously we will stay on top of this as it continues to work its way through and to the point where we actually get an answer to this question because obviously the implications here will be pretty significant if uh if you know yet another judge wrongly finds that special councils are unconstitutional uh so for those watching right now if you want to follow along please make sure to subscribe the links to both of our channels right here on the screen I'm Brian Tyler Cohen and I'm Glenn kersner you're watching the legal breakdown [Music]

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