Due to the DOJ coverage {that a} sitting president can’t be prosecuted, Particular Counsel Jack Smith has moved to dismiss the case towards Trump.
From Smith’s submitting:
Because of the election held on November 5, 2024, the defendant, Donald J. Trump, might be inaugurated as President on January 20, 2025. It has lengthy been the place of the Division of Justice that america Structure forbids the federal indictment and subsequent felony prosecution of a sitting President. However the Division and the nation have by no means confronted the circumstance right here, the place a federal indictment towards a non-public citizen has been returned by a grand jury and a felony prosecution is already underway when the defendant is elected President.
Confronted with this unprecedented scenario, the Particular Counselâs Workplace consulted with the Departmentâs Workplace of Authorized Counsel (OLC), whose interpretation of constitutional questions corresponding to these raised right here is binding on Division prosecutors. After cautious consideration, the Division has decided that OLCâs prior opinions regarding the Constitutionâs prohibition on federal indictment and prosecution of a sitting President apply to this case and that because of this this prosecution have to be dismissed earlier than the defendant is inaugurated.
That is the anticipated consequence. Trump is an instance of what cash and political energy can do to the justice system. All of these legal professionals who populated cable information and social media who professed that the rule of regulation would care for Trump and justice could be performed, had been 100% incorrect.
Their religion within the rule of regulation was religious-like and misguided.
The rule of regulation bends to cash and energy, and the courtroom instances towards Trump had been certain to wither away as quickly because it was clear that he could be the nominee. When the Republican Get together ignored the rule of regulation, the door was open for Trump to skate on all fees, and now {that a} president basically has immunity from all the things, the nation won’t ever be on this scenario once more.
Trump not solely acquired away with it, however he modified presidential immunity ceaselessly.