The request by Mr. Smith was his final acknowledgment that after two years of courtroom drama, prosecutors will not be able to hold Mr. Trump accountable for his efforts to undo the results of the 2020 presidential election as he prepares to re-enter the White House.
The department’s policy that sitting presidents may not be prosecuted “is categorical and does not turn on the gravity of the crimes charged, the strength of the government’s proof or the merits of the prosecution, which the government stands fully behind,” Mr. Smith wrote. “Based on the department’s interpretation of the Constitution, the government moves for dismissal without prejudice of the superseding indictment.”
November 25, 2024
Jack Smith moves to dismiss the January 6th case against Trump.
The NYT reports:
Subscribe to:
Post Comments (Atom)
Posts
79 comments:
Don't go away mad, Jack - just go away.
No, wait, mad's good...real good.
Well, well, well...
"dismissal without prejudice"
Oh now isn't that cute...unacceptable.
Mr. Smith’s filing held out the possibility that the charges could be refiled
Double jeopardy and the statute of limitations he'll ignore, but a "policy"? Well, that's a whole other animal.
I take it that “without prejudice” would mean Trump could still be prosecuted on the indictment if and when he leaves office.
Why would he let literally Hitler off the hook?
The show is over... for now. Corrupt Soviet Democrats will remain so.
Now - The real lawsuit needs to be filed against Rachel Maddow, MSNBC, Adam Schitt, Hillary Clinton and their various props for the Russia Russia Collusion lies.
I wish there was a way Smith and Garland could face consequences for their banana republic lawfare, but I don't imagine that's possible.
Can the Defense file for a 'Dismissal, With Prejudice' finding?
They spent 50 million dollars. Trump goes free and a lot of lawyers made a shit load of money. Win Win
In a civil case, they can file their own motion to dismiss or they can oppose and demand the trial continue. I'm less certain in a criminal case (why would a criminal defendant oppose a dismissal?), though I can't think of a rights-based reason why not.
"I take it that “without prejudice” would mean Trump could still be prosecuted on the indictment if and when he leaves office."
Yes. The article says that explicitly.
The followup on this will be a test for Bondi.
Smith gives up on trying to turn used horse stall straw into political gold. Since his dismissal is "without prejudice" this doofus may try again. Smith blows federal taxpayer dollars--but by Gum he made Trump pay a lot of legal fees!
Lets just ignore all the improper and illegal actions by Smith, the illegally installed special prosecutor.
Wanna bet money that we never hear anymore about this in 2028 or after?
How dare Trump undo the 2020 election by running in 2024.
50 millions dollars spent on this ridiculous prosecution. The goal was to make sure Trump would not be elected again and they failed. Spectacularly!
It's my hope that Trump pardons every Jan 6th defendant. Given the prosecution's violations of their Constitutional rights, even those that got out of hand and actually deserved some charges should be pardoned. And every judge and prosecutor who participated in the travesty should be indicted for their crimes in addition to being disbarred.
The media, the law professors, the experts had promised their voters that Trump was going to prison. The walls were closing in as one b*mbshell after another was added to their fake narrative.
Coming after the loss on November 5th, I don't know if leftist women can handle this announcement. D.C. psychiatrists are about to have another long week. There may actually be suicides due to this announcement and I certainly expect to hear of another murder due to some mental nut-case not being to able to believe the news.
Corporate media needs to be totally destroyed after their actions over the past few years. They promised! They lied. Repeatedly. Corporate media should never again be trusted even with the most insignificant piece of news.
Smith was illegally appointed, and any government funds he spent were spent illegally. He -- or perhaps Merrick Garland, who appears to have given him some bad legal advice -- should repay any such amounts immediately. With interest.
Should be WITH prejudice.
I hope the next DoJ requests accountability for the $50 million spent to have a case tossed out by the prosecution that spent the money.
Judge Chutkan still has a say, but I expect her to go along. Like Smith she will make it clear that the defendant may be free as a bird but is guilty as Hell.
Biden starting the season of pardons.
The reason the corrupt left whined ceaselessly during the campaign - they knew if Trump and his team - or anyone - looks into the Jan 6th committee - created by Pelosi and headed by Liz Cheney - ALL SORTS OF LIES would be uncovered.
My advise - do NOT move on. The American people deserve the truth.
Yes
The entire fraudulent premise of this case needs to be fully exposed and destroyed, and the conspiratorial instigators need to also be fully exposed and charged where appropriate. The Republican-controlled Congress now has the authority to follow up in detail with investigations of the concocted evidence of the Pelosi-Cheney setup investigation.
If they do, Jack Smith and a whole lot of other people will rue the day they ever attempted this coup and persecution. Justice demands real closure here.
Agree! So many lies and deceptions were sold to the America people. Enough is enough.
Trump will appoint a new head of the Office of Legal council. Last time that happened shortly after his inauguration. The Senate took until November to approve the appointment.
Two people I respect suggested at one point that the Florida documents case was not bullshit. Coulter said: everyone has to answer a subpoena. She is remembering the impeachment campaign against Billy C, of which she was a part. Bullshit. Never should have happened. Lots of people ignore subpoenas. Andy C. McCarthy said: documents that belong to "agencies" cannot be lawfully taken "home" by the President. Surely Trump was only moving documents that had been presented to him for briefings and so on. He didn't scour agency offices for papers. He had the sole authority to de-classify documents up to his last minute in office. Given the precedent of Billy C's video about his presidency, this means if while still President, a person points at a bunch of boxes of papers and says: that all goes back with me; anything in there that says "classified" just got de-classified. Rifling through all the family quarters at MaL was a disgrace--an attempt to reinforce the message that Trump was some sort of buccaneer or con artist who never should have been President.
The more you look at unedited videos from J6, the less it looks like a violent insurrection, an attempt to force Biden out of office, or an attempt to overthrow the Constitution. The mob had left their guns on the Virginia side of the line, or at home; any weapons used were randomly picked up at or near the scene. The ex-Marine who is in prison for assault walked in with a flag on a flagpole, and ended up hitting a police officer with the flagpole. This is a serious crime at any time. The behavior of most of the protesters or rioters was in stark contrast to this.
Even if some of the rioters had something serious in mind, it doesn't follow that Trump encouraged them to do it. No evidence of that. Kaus says that Trump trying to stop Pence from certifying the result was impeachable. Not a matter of criminal law. No justification for applying language about ex-Confederates in the 1860s.
The best Trump admin recourse is a RICO charge, if it can find unshredded documents.
I'm waiting for the head explosions that happen when the 34 felony convictions are vacated.
These bastards just never stop.
So, Trump pardons himself.
Suck on it.
But wait, Trump is NOT a sitting president.
Tump needs to make sure this never happens again. Please Trump, don't listen to Dummies who think "This will never happen again" or "The dems have learned their lesson, lets forgive and forget".
No, they haven't learned their lesson. And they will prosecute Trump after he leaves office. I'd suggest a pardon for himself for everything prior to Jan 21, 2025. Let the SCOTUS strike it down, if they wish. Next, think of how to make his 2nd term unindictable.
Make it make mistake, its up the R's to protect themselves against lawfare by any means neccessary. The left never forgives and they never forget.
Biden has pardoned two Thanksgiving turkeys, named Peaches and Hunter.
Plus, the DOJ needs to investigate Smith. His appointment was flakey and his conduct outrageous. Hopefully, hasn't picked another Bill Barr for AG. Barr appointed a goofball to investigate Russiagate with the mission of not ruffling any feathers of those INSIDE the Federal Government. The next AG needs to do better.
He's not going anywhere. He filed this motion "without predjudice" meaning he can come back in 4 years and hound Donald Trump into his grave.
Unless of course, Donald Trump was to declare that Jack Smith is a clear and present danger to the security of the United States of America.
And kill him.
Like Obama did.
They have extra-judicial plans for Donald J. Trump. He will never be President of the United States again.
Dixus -- These are the type of comments that make me believe you are actually an FBI plant trying to get someone arrested.
... by winning in 2024.
Now make a DOJE
Department of Judicial Exile. They should start packing their bags immediately. Now that's efficient!
"tHerE GoES OUr dEMoCRacY!"
Every time in the last 4 years when I had to listen to (or consider actions of) AG Merrick Garland, I found myself repeating over and over again like a mantra “we sure dodged a bullet there on his nomination by Obama to the Supreme Court”. Middle of the road, moderate my ass. Total tool.
It is without prejudice. Can DOJ refile when Trump leaves office?
Our long national nightmare is over
Ray Epps...is that you...?
Statute of limitations will likely have run out by then. At least some of the charges have, I believe, a 5 year statute of limitations. T
No Double Jeopardy, since jeopardy doesn’t typically attach until the jury is sworn in.
"Statute of limitations will likely have run out by then."
Wasn't the statute of limitations passed on one of the NewYork cases they prosecuted anyways?
My preference is deprivation of a civil right under color of law. Pretty much LawFare practiced by Democrats violates Due Process, an enumerated civil right under the 5th and 14th Amdts.
Can't we prosecute him for something? Impersonating a government official? Theft of government funds?
rhhardin said…
“The best Trump admin recourse is a RICO charge, if it can find unshredded documents.”
Don’t forget mail/file servers unwiped.
Jack Smith illegally prosecuted Trump. He should be prosecuted for doing so. No man is above the law, Jack.
Due Process is violated because defendants were not on notice of their extreme interpretation of criminal statutes. Left wing prosecutors depend on getting their LawFare by Dem judges, despite knowing it won’t with the Supreme Court, but it will take years to get there.
This whole farce, just cutting a road here to get the devil. They never should have brought this forward. Instead they created this situation, creating a President, who has these king like powers, by attempting to pervert the law to take down a man. And now these people leave this mess behind. This is how republics fall.
I would’ve preferred a dismissal with prejudice, a sincere apology to the Trump family and the nation, reimbursement of all of Trump’s legal fees, and a full-throated groveling for forgiveness.
Someone send Inga a pair of dentures for all the teeth gnashing.
So Smith is filing for dismissal without prejudice meaning DOJ can refile at a later date. Can the judge overrule the request and make the dismissal "with prejudice?"
Get as many of the lawfare perpetrators disbarred as you can.
It's the same playbook they are using for Ukraine...
Except we're allegedly bleeding the Russians out of men and money, and the blank check we've given Zelensky for his failed mission makes what Smith paid to play his little games chump change.
Same end result: a lot of good American money spent on ... nothing. Pity the men who have only this to show for their life's work. Nothing.
I'm kind of worried about Inga.
Well, OK, maybe not.
A public whupping for Jack Smith.
So he is humbled and doesn't try to pull these types of polical prosecutions again...
The American people were never on board, and shut down the idea that we go after our political enemies in this country. You think anybody in DC learned that lesson...yet?
It will give them more time to cook up a taller tale to try and "get Trump!" on, and meanwhile the witnesses will lose memory and evidence proving a person's innocence will be lost...
They won't dare try anything, and a guffaw/chuckle to the person who asked if charges could be brought "when and IF Trump leaves office..." Do you think he's going to die before then, or refuse to vacate when his term is up? YOu fearmongers crack me up.
without prejudice
Trump can fight the "without prejudice," but doing so opens up the door to Smith essentially litigating the merits of the charges, i.e. putting Trump on trial.
Between now and when he gets fired for real? I think Trump should fight to get this into court imo, to clear his name completely. Ending the prosecution like this leaves too much of a legal mess. Smith was never appointed legally. The armed Mar-a-Lago raid was a massive overreach by the Democrats and needs to be repudiated legally and politically.
Thanks for the assist
"I think Trump should fight to get this into court imo, to clear his name completely. Ending the prosecution like this leaves too much of a legal mess."
Most attorneys would say you should jump at the chance for a dismissal of any kind. This is not one of those cases. Trump is not an ordinary defendant. His prosecution was prejudicial and political. In his particular case he should absolutely fight for dismissal with prejudice.
Not only was there prejudice, it prima facie unethical.
I wonder if she and Dr. Mike eloped somewhere, emulating ann and her manly masculine man meade..
Who to Vote for
for
Prosecutor of the Year??
Kim Foxx or Jack Smith??
Hmmm
but doing so opens up the door to Smith essentially litigating the merits of the charges, i.e. putting Trump on trial.
Go for it. See what it gets ya.
Any lawyer worth their salt would have filed the motion without prejudice. But that doesn’t mean Smith will pursue this when Trump is out of office. Once Trump is out of office and ineligible for the Presidency, Smith won’t give a fuck about the case because it will have lost its political value. I love that the fucking lawfare waged against Trump backfired and likely helped Trump get reelected.
Worst insurrection ever.
More shots fired at Trump's head.
The Devil now turns on Roper. How will he stand In the wind that will soon blow.
Adios Subway Jack. Probably fleeing the country sooner than later.
Post a Comment