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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