Jack Smith Makes FINAL DECISION on Trump Dismissal
The MeidasTouch Podcast
Deep Dive
Why did the Department of Justice dismiss the federal case against Donald Trump?
The dismissal was due to the constitutional prohibition against indicting and prosecuting a sitting president. Trump's election as president necessitated the dismissal of the ongoing federal case.
What is the significance of the dismissal being 'without prejudice'?
Dismissal 'without prejudice' means the case can theoretically be brought again in the future if Trump is no longer president. However, it's unlikely as he is expected to pardon himself.
How did the Office of Legal Counsel (OLC) influence the decision to dismiss the case?
The OLC provided a binding interpretation of the constitutional prohibition on prosecuting a sitting president, which the Department of Justice had to follow.
Why didn't Trump's defense counsel object to the dismissal motion?
Defense counsel agreed to the dismissal 'without prejudice' because Trump is expected to pardon himself, making any future prosecution unlikely.
What is the current status of the Mar-a-Lago documents case?
The Mar-a-Lago case was dismissed but is on appeal. The Department of Justice is considering whether to withdraw the appeal entirely or just for Trump, given the presence of other defendants.
How did Special Counsel Jack Smith react to the dismissal of the case?
Smith, a career prosecutor, found the dismissal difficult but followed the constitutional mandate. His reluctance is evident in the motion's wording, highlighting the strength of the case.
What role did the Supreme Court play in delaying the Trump prosecution?
The Supreme Court delayed hearing the case and created a new legal doctrine of absolute immunity for Trump, significantly impacting the timeline and feasibility of the prosecution.
What does the dismissal mean for the Manhattan DA's case against Trump?
The dismissal raises questions about how the Manhattan DA's office will interpret the constitutional implications, especially since the prosecution phase is over and it's now in the sentencing stage.
- The Department of Justice filed a motion to dismiss the January 6th insurrection case against Donald Trump.
- The motion is based on the DOJ's position and OLC's opinion that a sitting president cannot be federally indicted or prosecuted.
- The defense does not object to the motion, suggesting a potential pardon in the future.
Shownotes Transcript