Because of the court's policy that a sitting president cannot be prosecuted, special counsel Jack Smith has moved to dismiss the case against Trump.
From Smith's Papers.
As a result of the November 5, 2024 election, defendant Donald Jwill take office on January 20, 2025. The Justice Department's position has long been that the United States Constitution bars a federal indictment and subsequent prosecution of a sitting president. But the department and the country have never faced that by a jury a federal indictment has been returned against a private citizen and is already being prosecuted when the defendant is elected president.
Faced with this unprecedented situation, the Office of Special Counsel consulted the Department's Office of Legal Counsel (OLC), whose interpretation of constitutional issues such as those raised here is binding on Department prosecutors , regarding the federal indictment and the prohibition against criminal prosecution of a sitting president, apply to this situation, and that as a result this prosecution should be stayed until assuming the position of the defendant.
This is the expected result. Trump is an example of what money and political power can do to the justice system. All those lawyers populating cable news and social media who claimed that the rule of law would take care of Trump and justice would be served were 100% wrong.
Their belief in the rule of law was religious and misguided.
The rule of law tilts toward money and power, and the lawsuits against Trump should have died down as soon as it became clear that he was going to be the nominee now that the president has essentially immunity from everything, the country will never be in this situation again.
Trump not only got rid of it, but changed presidential immunity forever.
Awards and professional memberships
Member of the Society of Professional Journalists and the American Political Science Association
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