Jack Smith is discussing with the DOJ about closing federal cases against Donald Trump amidst legal complexities and presidential immunity discussions.
At a Glance
- Jack Smith in talks with DOJ on ending federal cases against Donald Trump.
- Cases involve attempts to overturn the 2020 election and classified document handling.
- DOJ policy prevents prosecuting a sitting president, affecting these decisions.
- Trump plans to resolve federal cases once taking office.
DOJ Discussions about Trump’s Federal Cases
Jack Smith, Special Counsel, is in active discussion with the Department of Justice regarding the potential closure of federal cases against Donald Trump. These discussions gain urgency as Trump’s legal team challenges existing indictments. Smith leads investigations into Trump’s role in attempting to overturn the 2020 election and improper handling of classified documents.
The DOJ’s internal policies prevent the prosecution of a sitting president, thus influencing these conversations. Recent Supreme Court decisions that address presidential immunity further complicate the legal landscape. Trump’s re-election could lead many federal charges to be dismissed, saving only state-level prosecutions for later.
Graham signaling prosecutions of Trump are at an end https://t.co/YO8vS3s4xq
— Igor Bobic (@igorbobic) November 6, 2024
Legal Challenges and Procedural Delays
In June 2023, Trump was federally indicted, marking a historic first for a U.S. president. Further legal provocations arrived as Jack Smith indicted Trump again following the Supreme Court’s ruling. Issues surrounding these prosecutions continue to generate debates among political figures, with some calling into question Smith’s appointment by U.S. Attorney General Merrick Garland in November 2022.
“To Jack Smith and your team: It is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall” – Republican South Carolina Sen. Lindsey Graham
The indictment’s timing, procedural delays, and potential appeal pathways to the Supreme Court complicate the trial’s prospects. Expectations of prosecutorial resolution are further dashed as DOJ insiders acknowledge logistical hurdles.
Graham signaling prosecutions of Trump are at an end https://t.co/YO8vS3s4xq
— Igor Bobic (@igorbobic) November 6, 2024
Potential Outcomes and Strategic Decisions
With Trump’s impending presidency, the DOJ likely sees no viable path toward pursuing these cases. Federal criminal charges are anticipated to be dropped once Trump assumes office, as he plans to dismiss Special Counsel Jack Smith. Despite immunity preventing immediate charges, state-level prosecutions retain their hold.
“DOJ officials are looking at options for how to wind down Trump’s two criminal cases over his efforts to overturn the 2020 election and his handling of classified documents” – CNN’s Jim Sciutto
Trump continues to navigate four criminal cases, a conviction in New York, and charges pending in Georgia. He aims for a strategic posture to dismiss federal and state charges in the wake of assumed presidential office, though civil cases proceed unaffected.
Sources
1. Trump Sprung: Here’s Why—And When—His Criminal Cases Will Get Dropped Or Delayed
2. Jack Smith Reportedly Throws In The Towel After Resounding Trump Victory
