Jack Smith Makes FINAL DECISION on Trump Dismissal
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What does Jack Smith’s motion to dismiss the federal Jan 6 case actually say?
Special Counsel Jack Smith just made a major filing in the Washington DC criminal case against Donald Trump announcing that the Department of Justice will be dismissing the criminal case against Donald Trump in federal court. I'd like to read for you all the government's motion to dismiss and then I want to hear from Karen Friedman Agnifilo, who was previously the number two at the Manhattan District Attorney's Office. This is from the government's motion to dismiss the federal criminal charges against Donald Trump connected with the January 6th insurrection. This case was in Washington, D.C. As a result of the election held on November 5th, 2024, the defendant Donald J. Trump will be inaugurated as president on January 20th, 2025.
and has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting president. But the department and the country have never faced the circumstances here where a federal indictment against a private citizen has been returned and a criminal prosecution is already underway when the defendant is elected president. Confronted with this unprecedented precedented situation, especially consulted with the Department of Justice's Office of Legal Counsel, OLC, whose interpretation of the constitutional questions such as those raised here is binding on department prosecutors. After careful consideration, the department has determined that OLC's prior opinion concerning the Constitution's prohibition on federal indictment and prosecution of the sitting president
apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated. That prohibition 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. based on the department's interpretation of the Constitution. The government moves for dismissal without prejudice of the superseding indictment under Federal Rule of Criminal Procedure 48A. The government has conferred with defense counsel who does not object to this motion." Karen Freeman, Agnifilo, your immediate response.
Look, you know, we knew this day was coming.
Why is the dismissal filed “without prejudice” and what could that mean for future prosecutions?
It's such a shame that it has to come. And at a minimum, though, it's I guess if you're looking for any silver lining, they said it's without prejudice, which means that they theoretically could bring the case in the future when Donald Trump is no longer president. However, in reality, that'll never happen because he's surely or likely going to pardon himself. The only thing that I thought was slightly odd was that very last sentence that you read where it said, the government has conferred with defense counsel who does not object to this motion. The fact that they wouldn't object that it's dismissal without prejudice, that's a term of art, Ben, that they use in the legal world. that you dismiss something either with prejudice or without prejudice.
If it's dismissed with prejudice, because only a court can dismiss a case. This is a motion, you're moving the court, you're asking the court to dismiss the case. Really, this is a joint motion because the defendant doesn't object. It's a joint motion to dismiss without prejudice, meaning you could bring it again in the future because if it's a dismissal with prejudice, that's considered double jeopardy. You can no longer bring that in the future. And so for a moment, you'd say, well, why would the defense agree to that? Why would the defense counsel agree to that? You'd think they'd want a dismissal with prejudice. And the answer is, of course, he's going to pardon himself or somehow orchestrate something so that that happens.
And so that's what's going on here. This case is essentially dead. We knew that would have to happen once Trump is elected.
How does the Department of Justice’s Office of Legal Counsel influence the decision to drop the case?
What this means is Jack Smith has already finished wrapping up the case, wrapping up the boxes, categorizing things, filing things.
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Chapters
8 chapters
1
What does Jack Smith’s motion to dismiss the federal Jan 6 case actually say?
0:00–2:22
2
Why is the dismissal filed “without prejudice” and what could that mean for future prosecutions?
2:22–4:05
3
How does the Department of Justice’s Office of Legal Counsel influence the decision to drop the case?
4:05–5:47
4
What is the significance of the Fatty 15 sponsorship break in the episode?
5:47–7:34
5
Who is Special Counsel Jack Smith and why is dismissing the case especially difficult for him?
7:34–9:02
6
How did the Supreme Court’s “absolute immunity” ruling affect the Trump prosecution timeline?
9:02–10:36
7
What does the dismissal mean for the ongoing Manhattan DA investigation?
10:36–12:12
8
What are the hosts’ final thoughts and calls to action for listeners?
12:12–13:35
Speakers
3 identifiedMore from The MeidasTouch Podcast
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