It is possible that Jack Smith is wrapping up federal prosecutions of Donald Trump. This is due to the fact that you cannot charge a sitting president after Donald Trump’s election. Jack Smith is a special counsel for the Department of Justice who has been investigating Trump’s controversies. It is possible that the other court cases will also be dropped. The Supreme Court decision affects presidential immunity in these cases.
Probing Trump’s Legal Challenges
Special Counsel Jack Smith, appointed by U.S. Attorney General Merrick Garland, is in active talks with the Department of Justice (DOJ) about concluding federal prosecutions involving Donald Trump’s disputes over classified documents and the 2020 election controversy. Despite the existing indictments, Trump’s legal team continues to mount compelling defenses.
Trump became the first former president to face such charges after being initially indicted in June 2023 for his involvement with classified materials. These cases face challenges because DOJ regulations prohibit indicting a sitting president. Furthermore, the Supreme Court’s recent decision shields former presidents from certain actions.
Graham signaling prosecutions of Trump are at an end https://t.co/YO8vS3s4xq
— Igor Bobic (@igorbobic) November 6, 2024
Supreme Court Ruling and Its Impact
The Department of Justice’s policy of not prosecuting a sitting president has a significant impact on the delay of Trump’s cases. This policy is based on a memorandum proposing impeachment as a viable alternative to prosecution.
DOJ officials have acknowledged that no trial will take place soon because appeals will most likely be heard by the Supreme Court.
“DOJ officials have apparently been forced to accept that no trial could be held for either case in the near future as Trump’s legal team would likely appeal both cases up to the Supreme Court” – sources told NBC News.
Republican Senator Lindsey Graham dismissed the Trump charges as politically motivated, reflecting a broader sentiment among conservatives and Trump supporters.
🚨BREAKING: Jack Smith's prosecution is OVER:
“The DOJ, where Jack Smith works, cannot prosecute a sitting president… Fox News is told that Jack Smith will be gone from his post as special counsel, meaning the cases will be gone before Trump takes the oath of office on January… pic.twitter.com/Gu6u56E0gj
— Charlie Kirk (@charliekirk11) November 6, 2024
Political Ramifications
Donald Trump’s looming presidency is expected to result in the cessation of federal criminal proceedings due to DOJ protocols.
While in office, he intends to remove Special Counsel Jack Smith and appoint officials to drop the cases. Trump cannot self-pardon for ongoing state charges, which would potentially delay but not eliminate them.
While political decisions influence federal cases, state charges in New York and Georgia continue to present significant legal challenges. Trump’s civil liabilities are unaffected by his election, as legal suits based on previous actions are still actively pursued.
Sources:
- Jack Smith Reportedly Throws In The Towel After Resounding Trump Victory
- https://www.forbes.com/sites/alisondurkee/2024/11/06/trump-sprung-heres-why-and-when-his-criminal-cases-will-get-dropped-or-delayed/
