Because of the DOJ's policy that a sitting president cannot be prosecuted, special counsel Jack Smith has filed a motion to dismiss the case against Trump.
From Smith's papers:
As a result of the election held on November 5, 2024, the defendant is Donald J. Trump
will be sworn in as president on January 20, 2025. The Justice Department has long held that the United States Constitution prohibits the federal indictment and subsequent criminal prosecution of a sitting president. But the department and the country have never faced a situation where a federal indictment against a private citizen was dismissed by a grand jury and a criminal case was already underway when the defendant was elected president.
In light of this unprecedented situation, the Office of Special Counsel consulted with the Department's Office of Legal Counsel (OLC), whose interpretation of constitutional issues such as those raised herein are binding on the Department's prosecutors. After careful review, the Department has concluded that the OLC's prior opinions regarding the constitutional prohibition on federal impeachment and prosecution of a sitting president apply to this situation and that such prosecution must therefore be dismissed prior to the defendant's inauguration.
This is the expected result. Trump is an example of what money and political power can do for the justice system. All the lawyers on cable news and social media who claimed that the rule of law would take care of Trump and ensure justice were 100% wrong.
Their belief in the rule of law was religious and misguided.
The rule of law is subject to money and power, and the legal cases against Trump would inevitably die down once it became clear that he would be the nominee. When the Republican Party ignored the rule of law, the door was open for Trump to ignore all charges, and now with a president enjoying essentially immunity from everything, the country will never find itself in that situation again.
Not only did Trump get away with it, he also changed presidential immunity forever.
Jason is the managing editor. He is also White House press secretary and congressional correspondent for PoliticusUSA. Jason has a bachelor's degree in political science. The focus of his thesis was public policy with an emphasis on social reform movements.
Awards and professional memberships
Member of the Society of Professional Journalists and the American Political Science Association
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