Jack Smith Makes FINAL DECISION on Trump Dismissal
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What is the special counsel’s motion to dismiss the Trump federal case about?
Special counsel Jack Smith just made a major filing in the Washington, D.C. 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. 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 5, 2024, the defendant Donald J. Trump will be inaugurated as president on January 20, 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 unprinted The specialist consulted with the Department of Justice's Office of Legal Counsel, OLC, whose interpretation of the constitutional question, 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 a sitting president applies.
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 forty eight A, the government has conferred with defense counsel who does not object to this motion. Karen Freeman Inifilo, your immediate response.
How does the government justify dismissing the case before Trump’s inauguration?
Look, you know, we knew this day was coming. 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 defence couns with defense counsel who who does not object to this motion. And the fact that they wouldn't object that it's uh with that dismissal without prejudice, that's a term of art Ben that they use in le 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. So this is a motion. You're moving the court, you're asking the court to dismiss the case. And so really this is a joint motion because the defendant doesn't object. And 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 at a moment 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 uh with prejudice. And the answer is, of course, he's going to pardon himself or you know somehow orchestrate something so that that happens.
And and so so that's what's going on here. This case is essentially dead. We knew that would have to happen once uh once Trump is elected. What this means is Jack Smith is going has already finished uh wrapping up the case, wrapping up the boxes, categorizing things, filing things.
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