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Special Counsel Jack Smith has brought two criminal prosecutions against Donald Trump, one arising out of his retention of allegedly classified documents at his Mar-a-Lago residence, and the second out of his actions and inactions during the January 6 protest. The documents case has been dismissed on the ground that Smith was not properly appointed as Special Counsel.
Now, DOJ reportedly intends to dismiss those cases immediately:
With his resounding victory at the polls, and a longstanding Justice Department policy against prosecuting a sitting president, the key question is not if, but when, prosecutors move to dismiss or delay his federal election interference case in Washington, D.C.
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Smith is taking steps to end both federal cases against Trump before the president-elect takes office, according to a source familiar with the Justice Department deliberations.
Smith might be glad to have these cases put out of their misery. The documents case has been dismissed and is now on appeal. The January 6 indictment is, in my opinion, an outrageous abuse of power on Smith’s part. It was the subject of the Supreme Court decision on presidential immunity for official acts. That case probably would have ended ignominiously, but now Smith can dismiss it and blame the voters.