cover of episode Jack Smith Makes FINAL DECISION on Trump Dismissal

Jack Smith Makes FINAL DECISION on Trump Dismissal

2024/11/25
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Ben Meiselas
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Karen Friedman Agnifilo
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Ben Meiselas: 特别检察官杰克·史密斯提交了一份重要文件,宣布司法部将驳回对唐纳德·特朗普的联邦刑事指控。这份动议基于司法部对宪法的解读,即宪法禁止对在职总统提起联邦指控和进行后续刑事起诉。因此,在特朗普就职总统之前,必须驳回对他的指控。该动议不损害后续起诉的权利,并且得到了辩护律师的同意。此外,本案还涉及海湖庄园文件案,其中还有其他被告,其处理方式可能有所不同。美国法律顾问办公室(OLC)对总统的法律问题提供具有约束力的咨询意见,司法部必须征求其意见。 Ben Meiselas: 杰克·史密斯已经完成了对华盛顿特区案件的所有工作,并准备提交驳回动议。他尽职尽责地完成了他的工作,对案件的延误不应归咎于他。最高法院创造了新的法律原则,并采取措施延误了对特朗普的审判。人们应该关注美国司法系统中存在的严重缺陷。 Karen Friedman Agnifilo: 尽管驳回指控不损害后续起诉的权利,但实际上此案已结束,因为特朗普很可能会自我赦免。杰克·史密斯是一位正直的检察官,他遵守法律规定,即使这对他来说非常困难。此案的驳回对曼哈顿地区检察官办公室的案件可能产生影响,需要进一步观察。

Deep Dive

Key Insights

Why did Special Counsel Jack Smith move to dismiss the federal case against Donald Trump?

The Department of Justice determined that the Constitution prohibits the federal indictment and prosecution of a sitting president, which applies to Trump as he will be inaugurated in 2025.

What is the significance of the dismissal being 'without prejudice'?

It means the case could theoretically be brought again in the future when Trump is no longer president, though in reality, he is likely to pardon himself.

What role did the Office of Legal Counsel (OLC) play in the decision to dismiss the case?

OLC provided a binding interpretation of the constitutional prohibition on indicting a sitting president, which the Department of Justice had to follow.

How did Jack Smith's personal integrity influence his handling of the case?

Smith, a career prosecutor with no political agenda, followed the legal mandate despite the difficulty of dismissing a strong case against a former president.

What impact might the dismissal have on the Manhattan DA's case against Trump?

The dismissal could influence the Manhattan DA's office, particularly regarding the supremacy clause and how it applies to state prosecutions, though the specifics remain uncertain.

Chapters
The Department of Justice (DOJ) dismissed the federal case against Donald Trump due to a long-standing policy against indicting a sitting president. This decision, based on the Office of Legal Counsel's opinion, applies even when the indictment predates the presidency. The dismissal is without prejudice, suggesting the possibility of future charges.
  • The DOJ dismissed the federal case against Trump due to his upcoming inauguration as president.
  • The dismissal is without prejudice, meaning the case could be revived in the future.
  • The decision was based on the Office of Legal Counsel's opinion, which is binding on the DOJ.
  • The DOJ maintains its belief in the strength of the case despite the dismissal.

Shownotes Transcript

MeidasTouch host Ben Meiselas and Legal AF host Karen Friedman Agnifilo report on the breaking news on Special Counsel Jack Smith's motion to dismiss the federal case against Donald Trump.

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