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.
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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.
🚨BREAKING: Jack Smith's prosecution is OVER:
“The DOJ, 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 on January… pic.twitter.com/Gu6u56E0gj
— Charlie Kirk (@charliekirk11) November 6, 2024
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Comments
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
I don’t know. James’ prosecution in NY is even crazier, IMO.
James is pursing a meritless civil action for fraud. And just admitted, live on camera, her intent to carry on her politically motivated abuse of law as some means of retaliation for President Trump being reelected. Seems like she should be investigated herself. The NY appellate court reviewing this matter will likely dismiss and/or reverse the trial court. Now there is a conviction in the fat slob Bragg’s case that should be reversed for a number of reasons, including due process and presidential immunity. The fat slob’s case also implicates the Biden DOJ with the participation of Matthew Colangelo, a former senior DOJ official (I think he was number 3, not sure, but he was senior) who inexplicably decided to take job with the Manhattan DA. The case reeks of Biden’s lawfare and I bet some would prefer it go away as quickly as possible so they can save their behinds from a criminal conspiracy investigation.
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.
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.
🐿️🐾 concludes They. Must.
Pay
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.)
I don’t want Smith’s case to go away. I would like an answer from SCOTUS on whether he was appointed in line with the Constitution or not.
Never ask a question where you don’t know the answer. Putting this to the Supremes is going to result in something you may not want, with three nitwits chiming in. With control of the DOJ, write a simple, straightforward rule that specifies that all Federal prosecution is *required* to be under the direct supervision of a Presidential appointee who has been approved by the Senate, period.
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.
Take Merrick Garland’s license away while you’re at it!!
If Smith is smart, he’ll leave the country. I’m petty enough that I’d have his life put under a microscope and get some payback.
Jack Smith appears to be very arrogant, to the he is point he does not understand that he is vulnerable.
A defense attorney friend who dealt with Jack Smith years before the Trump cases, said that JS viewed everything in black or white terms, with no flexibility.
The GA case should go away, when GA’s republican governor pardons President Trump.
Fani should be arrested
And be left in jail to rot for 3-4 years before her trial. When it is all done she should be a pauper. Give her the J6 treatment.
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
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.
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.
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.
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.
This is a plausible scenario…so long as Trump puts someone at AG who’s a fire-breathing scalp-taker that lives on wrecking existing bureaucracy.
I have less confidence in Merchan’s ability to recognize reality. He will be a Leftist hero if he follows through and sentences, even if he is unanimously overturned an hour later. Book deals will be offered, lucrative speaking deals given, and money will shower down on his retirement.
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
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…
Should be a RICO case of ALL the political prosecution perpetrators.
This woman needs to be bytch slapped
https://www.thegatewaypundit.com/2024/11/letitia-james-vows-continue-go-after-president-trump/
AG James was able to secure a fellow lawfare warrior in Justice Arthur Engoron, who imposed a hideous $455 million in fines and interest. That ruling is pending an appeal and it is expected to be a partial or even total victory for Trump.
Unlike Engoron, the appellate judges expressed great skepticism in September over the size of the penalty and even the use of this law. Trump faced half a billion dollars in penalty in a case where no one lost a dime, and the alleged victim banks wanted more business with Trump and his company.
Hit the road Jack!
And don’t you come back no more.
Oh no! I’m only on page 78 of Smith’s filed memo the Judge bizarrely unsealed.
Another interesting aside is what happens when DJT World get their hands on the Crossfire Hurricane documents. Stay tuned.
I think the next justice department should be investigating this man impersonating a US Attorney. He was not properly nominated nor was he confirmed by the Senate. He was brought in from outside of the justice department and never went through that vetting process, and nobody should wield the power of a US Attorney without that confirmation.
The DoJ can prosecute a sitting president but they don’t by policy. Since Smith is not part of the DoJ he cannot prosecute ANYBODY let alone a president.
Smith’s appointment was illegal. Save me citations of statutes — this is true by the simple fact the government did not immediately appeal the Florida District Court ruling. The DoJ knew they would lose and thereby deprive the DC Court any basis for not dismissing Trump’s motion to drop the charges.
As far as the Georgia case… it is apparent that GA prosecutors (as well as those in NY City) met with the White House to strategize how to deprive an American citizen (Donald J. Trump) of his liberty and his property in an attempt to bar him from the presidency. That, boys and girls, is a criminal conspiracy against rights (18 USC 241) and why everyone in that meeting needs to be imprisoned under that statute.
Unless there are consequences, lawfare by Democrats will continue–I want to see them prosecuted or lose their law licenses for abuse of power, lying, or anything else that the Trump DOJ can think of.