Monday, November 25, 2024

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1/ Special counsel Jack Smith dropped all federal charges against Trump, citing the Justice Department’s longstanding policy against prosecuting a sitting president. “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,” Smith wrote in his six-page motion seeking to dismiss the case without prejudice. “The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have.” In both cases, Smith requested that the dismissals be “without prejudice,” meaning prosecutors could decide to charge Trump again after he leaves office in January 2029. Trump was first indicted in June 2023 on 37 felony counts of unlawfully retaining classified documents after leaving office, making false statements, and conspiracy to obstruct justice. Trump was separately indicted on four felonies in August 2023 for his attempt to overturn his 2020 election loss, conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of and attempting to obstruct an official proceeding, and conspiracy against rights. Smith asked that the classified documents case against Trump’s two co-defendants, Walt Nauta and Carlos De Olivera, be allowed to continue. Earlier this year, the judge ruled that Smith’s appointment was unconstitutional and dismissed the indictment. Smith’s office is appealing that decision. (Washington Post / NBC News / New York Times / Axios / CBS News / ABC News / CNN / Bloomberg / Wall Street Journal / Associated Press / Politico)

How does the Justice Department’s policy affect legal cases against sitting presidents? The Justice Department’s policy bars prosecuting sitting presidents to avoid interference with their ability to govern. It ensures that legal matters do not obstruct constitutional responsibilities but can delay accountability until after a president’s term. This approach is intended to maintain institutional stability but raises concerns about fairness and the rule of law.

What are the charges Trump faced before the dismissal? Trump faced 37 felony charges for retaining classified documents, making false statements, and obstructing justice. He also faced four felonies related to attempts to overturn the 2020 election, including conspiracy to defraud the U.S. and obstruct an official proceedin...

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