Jack Smith pulls cases against Trump in latest sign we live in hell
Special counsel Jack Smith on Monday moved to dismiss the charges against Donald Trump both for trying to steal the 2020 election and for mishandling classified documents, meaning that—for now—Trump will almost certainly avoid consequences for his illegal actions while in office.
Smith cited an opinion written in 2000 from the Office of Legal Counsel that says sitting presidents cannot be indicted or prosecuted. However, Smith said he wants the cases dismissed without prejudice, which would mean these cases could resume once Trump is no longer president. His term expires in 2029.
"After careful consideration, the Department has determined that OLC’s prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated,” Smith wrote. “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind. Based on the Department’s interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment under Federal Rule of Criminal Procedure 48(a).”