Voters sent a message in the 2024 election that they wanted the lawfare against Donald Trump to end.
Jack Smith ignored that completely.
And then Jack Smith set one trap for Donald Trump that will make you sick.
Jack Smith sets the stage for prosecution of Trump in 2029
Jack Smith filed motions in Washington D.C. and Florida to dismiss the charges against Donald Trump in the Mar-a-Lago document and January 6 hoaxes.
Smith cited a 1973 Office of Legal Counsel ruling stating that the Justice Department couldn’t prosecute a sitting President for why Smith was requesting the court toss the charges against Trump.
“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’s filing read.
It seemed like total victory for Donald Trump when Judge Tanya Chutkan granted Smith’s motion.
“The court will therefore grant the Government leave to dismiss this case,” Chutkan’s ruling read.
Donald Trump celebrated the win.
“It was a political hijacking, and a low point in the History of our Country that such a thing could have happened, and yet, I persevered, against all odds, and WON. MAKE AMERICA GREAT AGAIN!” Trump wrote of the dismissal request by Smith.
But Smith was trying to pull a fast one.
Smith requested Chutkan dismiss the charges “without prejudice” as opposed to “with prejudice.”
That is a meaningful distinction.
A plan to prosecute Trump once he leaves office
Had Chutkan dismissed the charges with prejudice against Trump, it would mean the case goes away for good.
Chutkan dismissing the charges without prejudice means Trump could face charges once he leaves office in 2029.
In his filing, Smith falsely claimed his charges were legally sound and based on the facts.
“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,” Smith’s prosecutors declared.
“The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have,” Smith’s office’s motion continued.
Smith left the door open for a Democrat-controlled Department of Justice to prosecute Trump in 2029 when he leaves office at 82 years of age.
This move by Smith creates multiple potential Constitutional crises.
First, it creates the situation where Trump is serving as President with the prospect of future criminal prosecution hanging over his head.
The Swamp can use that leverage to force Trump to knuckle under on issues like Ukraine or government spending on the theory that Trump’s successor won’t press charges against him if Trump plays ball with the establishment.
Second, the courts have never litigated the idea the President can pardon themselves.
Trump could pardon himself on his way out the door leading to years of litigation to keep Smith’s charges alive.
Chutkan should have dismissed these charges with prejudice.
But as a certified Trump-hater, she couldn’t help herself but play along with Smith’s scheme to keep the criminal charges against Trump alive.
