November 25th 2024.
In a surprising turn of events, special counsel Jack Smith has decided to drop the federal election subversion and mishandling of classified documents cases against President-elect Donald Trump. In a court filing today, Smith is seeking the dismissal of these charges, citing the need to follow the Constitution and dismiss the case before Trump is inaugurated.
Trump has previously stated that he would fire Smith once he regained the presidency, breaking away from the traditional norms surrounding special counsel investigations. Smith's decision to drop the charges against Trump marks the end of a unique chapter in American history, as no former president has ever faced federal criminal charges before.
The election subversion case, which accused Trump of trying to overturn his 2020 election loss, culminated in a landmark Supreme Court ruling that granted Trump some immunity from prosecution. However, due to Trump's delay tactics, the case never went to trial before the November election. Now, with Trump's victory, the case has been rendered moot.
Despite dropping the charges, Smith maintains that the evidence against Trump is strong and the government's position on the merits of the prosecution has not changed. However, the decision to dismiss the case is necessary in order to follow the Constitution and avoid prosecuting a sitting president.
Meanwhile, in a separate case in Florida, Trump still faces charges for allegedly taking classified documents from the White House and resisting the government's attempts to retrieve them. He has pleaded not guilty to all charges in both cases.
Trump's spokesperson, Steven Cheung, has called Smith's decision "a major victory for the rule of law" and hopes that it will help unite the country. However, the case against two of Trump's employees, Walt Nauta and Carlos de Oliveira, is still ongoing. Despite the dismissal of charges against Trump, Smith has decided to keep the case alive against these two individuals.
In a statement, John Irving, a defense attorney for De Oliveira, criticized Smith's decision to continue pursuing the case against his client, stating that it shows poor judgment. However, he also remarked that if the prosecutors prefer a slow acquittal, it is fine with them.
In a surprising move, Smith has requested to drop the charges against Trump "without prejudice," which leaves the option open for charges to be brought again in the future. This is due to the temporary nature of the immunity afforded to sitting presidents.
However, Trump will not have the power to interfere with state-level prosecutions against him in Georgia and New York. These cases will still have to address immunity questions and other issues raised by Trump's return to the White House. In fact, the judge overseeing Trump's criminal case in New York has postponed his sentencing indefinitely, and Trump is still working to avoid prosecution in Georgia for his alleged involvement in trying to overturn his 2020 election loss in the state.
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