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Report: Jack Smith, DOJ Evaluating How to End Cases Against Trump

Report: Jack Smith, DOJ Evaluating How to End Cases Against Trump

This does not include the Fulton County, Georgia, case.

The DOJ cannot prosecute a sitting president.

That means Special Counsel Jack Smith and the cases against President-lect Donald Trump will go away:

But the sources say DOJ officials have come to grips with the fact that no trial is possible anytime soon in either the Jan. 6 case or the classified documents matter — both of which are mired in legal issues that would likely prompt an appeal all the way to the Supreme Court, even if Trump had lost the election.

Now that Trump will become president again, DOJ officials see no room to pursue either criminal case against him — and no point in continuing to litigate them in the weeks before he takes office, the people said.

“Sensible, inevitable and unfortunate,” said former federal prosecutor Chuck Rosenberg, an NBC News contributor.

The sources said it will be up to Smith to decide exactly how to unwind the charges and many questions remain unanswered. Could the prosecutions resume after Trump leaves office or would they be time-barred? What happens to the evidence? What about the two other defendants charged with helping Trump hide classified documents? Will the special counsel write a report, as special counsels usually do?

From the clip:

We have some news about special counsel Jack Smith. This man right here. Donald Trump said recently that he would fire Jack Smith, quote, within 2 seconds of taking office. Well, we found out that he may not have that opportunity.

The reason is that the Department of Justice, where Jack Smith works, cannot prosecute a sitting president. Fox News is told that Jack Smith will be gone from his post as special counsel, meaning the cases will be gone before Trump takes the oath of office at noon on January 20.

This is the documents case, though, that was dropped already by Judge Aileen Cannon back over the summer and it’s on appeal, but also this case for Trump’s alleged efforts to try to overturn the 2020 election. So given the fact DOJ policy says you cannot prosecute a sitting president expect Jack Smith cases to be done.

The last case and I’ll end on this is that Atlanta case that deals with the 2020 elections. That’s a local Georgia case. We’ve seen over the last year how that has played out with Fonnie Willis, Nathan Wade. That has many problems, many different delays. So the bottom line for my story to all of you, right now, Donald Trump’s legal problems have essentially all gone away since he won last night.

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Comments


 
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theuncoveredlamp | November 6, 2024 at 3:22 pm

having watched the YSL RICO trial in Fulton County, even if Fani Continues with it I fully expect prosecutorial misconduct worth dismissal with prejudice based on prosecutorial misconduct. It is the most wild and unbelievable trial ever…makes the january 6 prosecutions look like they were handled ethically


 
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Olinser | November 6, 2024 at 3:23 pm

No.

They don’t get to just shrug and walk away. And don’t let the RINOs whine about ‘unity’.

They need to suffer real and severe consequences for this crap, or it will come back the second Democrats get control again.

They did it because they thought there would be no consequences, and they need to be proven wrong.


     
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    Peter Moss in reply to Olinser. | November 6, 2024 at 3:36 pm

    I couldn’t agree more… Actually I need to agree more because people like Smith weren’t acting as prosecutors, they were acting as persecutors, as in acting outside of the law. It was perfectly obvious to anyone actually paying attention to the facts instead of the derangement that Trump was not in any way guilty of any of the things he was charged with.

    They need to go to prison for so long that their grandchildren have to finish their sentences.


     
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    DaveGinOly in reply to Olinser. | November 6, 2024 at 4:20 pm

    Trump should pardon (or have his DOJ extend immunity to) strategically positioned mid-level players involved in the various crimes against him, stripping them of their 5th Amendment protection and forcing them to testify against the actual movers and decision makers behind the crimes. Jack Smith could be one such target. (I don’t use that word by accident. Immunity of one sort or another would put targets on the backs of everyone who receives them. One or more might have unfortunate accidents or Epstein themselves, encouraging the rest to remain silent. But then everyone will understand that these people were, in fact, committing crimes at the direction of higher-ups.)


 
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MattMusson | November 6, 2024 at 3:24 pm

Now that Trump has time to appeal on Constitutional Grounds, the DOJ wants to get as far away from these cases as possible.

Bar coimplaint against Smith appropriate. Take this man’s license away.

The GA case should go away, when GA’s republican governor pardons President Trump.


     
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    gonzotx in reply to ParkRidgeIL. | November 6, 2024 at 4:03 pm

    Fani should be arrested


     
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    TargaGTS in reply to ParkRidgeIL. | November 6, 2024 at 4:10 pm

    Unfortunately, like so many Governors in Reconstruction states, the Georgia governor does not enjoy the power of pardon. Instead, that power is wholly vested in an ‘independent’ pardon board. While Kemp and the prior GOP governors have appointed all those board members, this is an area whee concessions are made to left wing activists. So, it’s far from certain there are enough Republican board members that would vote to pardon Trump.

      I should not have made my comment because it is incorrect.

      One of GA’s pardon’s requirements is that the process cannot start until it has been five years after the person has completed their sentences.

      https://pap.georgia.gov/parole-consideration/pardons-restoration-rights


         
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        TargaGTS in reply to ParkRidgeIL. | November 6, 2024 at 4:51 pm

        That’s interesting. I didn’t realize that either. Stripping the Executive of pardon authority eliminates one of the critical protections against….political prosecutions, the danger of which was seen play out in GA in real time. This is something the people of GA should remedy.


           
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          BobM in reply to TargaGTS. | November 6, 2024 at 6:09 pm

          There was valid reasoning behind the limitation, just post the War of Northern Aggression (as the rebs would call it) it would be naive to believe that any elected governor would hesitate to pardon any white man who miraculously was sentenced for war crimes or murder of reconstruction officials or freed blacks.

          Given the history of pardons-for-sale with recent famous politicians from Arkansas I’m not sure it’s a good idea to recind the removal of sole pardon authority from those states today.

I suspect DOJ would be happy to see this go away so the Supreme Court will not have a chance to address the Appointments Clause problem with Smith’s continued service.

I never understood why Garland did ñot appoint a US Attorney as special counsel to avoid these very issues.

As far as the Manhattan case is concerned, I believe that Merchan will set the verdict aside on the grouñd that there was evidence that should have been precludes because of the immunity concerns. I do not believe Alvin would take an appeal should that happen.


     
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    TargaGTS in reply to MIK. | November 6, 2024 at 4:16 pm

    Agree completely about the DoJ dismissing in an effort to avoid any decision on the Appointments Clause issue. But, I’m way less confident Merchan will take the off-ramp that is staring him in the face. And after listening to Letitia James’ perfectly insane speech this afternoon, I don’t think there’s any appetite in the Democrat Machine in NY to extend any olive branches to Trump. I hope you’re right and I’m wrong.


       
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      DaveGinOly in reply to TargaGTS. | November 6, 2024 at 4:24 pm

      Wait until they see if DJT follows through on his promise to clean house at the DOJ and FBI. If he does, James and Willis will be looking down the barrel of federal investigations into their offices, and will likely drop their prosecutions of Trump by way of an attempt to avoid prosecution. Hopefully, they will be mistaken about the prospect.


 
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Idonttweet | November 6, 2024 at 4:26 pm

Judge Cannon has ruled that Smith was unlawfully appointed. Seems to me that the only thing that should be allowed in any of the federal cases, at least until that issue is fully resolved, is dropping all charges completely. Maybe accompanied by an acknowledgment that Smith was not properly appointed from the jump, followed by much prayer that nobody gets prosecuted for attempted election


     
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    Idonttweet in reply to Idonttweet. | November 6, 2024 at 4:28 pm

    interference.

    This is DC. No dismissal under the current administration is possible without appropriate drama, like a NY opera. The anguished hero under the spotlight, expounding how his Just and True pursuit of the Evil Lawbreaker must be dismissed, alas. Woe unto the unwashed masses who allowed this scoundrel to escape justice, woe! Woe! How the case against this criminal was perfect beyond compare, a thing of absolute beauty sculpted by the finest minds and presented to the public, only to be cut short by the criminal taking refuge in the White House, etc…


 
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slagothar | November 6, 2024 at 5:47 pm

Should be a RICO case of ALL the political prosecution perpetrators.

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