The Department of Justice is backing off federal cases against Donald Trump, introducing a whirlwind of questions and outcomes.
At a Glance
- Special Counsel Jack Smith leaves DOJ, opting out of federal prosecution against Trump.
- Supreme Court’s ruling limits Smith’s prosecutable acts against Trump as president.
- State-level cases continue, highlighting uncertainty in Trump’s legal landscape.
- Trump becomes first US president reelected with a felony conviction.
The Legal Entanglements
Donald Trump’s alleged efforts to upend the 2020 election process remain detailed in federal prosecutor Jack Smith’s filing. This 165-page dossier marks another chapter in Trump’s pervasive legal challenges. Although the Supreme Court ruled such acts are non-prosecutable, Smith frames Trump’s actions as those of a private citizen, not a sitting president.
Smith accuses Trump of attempting to leverage the January 6 Capitol chaos to delay the election certification. Despite considering some fraud claims “crazy,” Trump allegedly supported them publicly. Vice President Pence’s suggestions to accept the election results reportedly fell on deaf ears. Trump’s campaign also sought to incite unrest in key states to dispute votes.
Constitutional Debates and DOJ Departures
The Supreme Court decision impacts Special Counsel Jack Smith’s efforts to prosecute Trump for his official actions during his presidency. However, recent judiciary rulings uphold Trump’s immunity, tying Smith’s hands. Trump’s legal team labels the election subversion charge as “unconstitutional even before its inception.”
“The proposed motion establishes that this unjust case was dead on arrival — unconstitutional even before its inception,” Mr. Trump’s lawyers wrote in papers filed in Federal District Court in Washington on Thursday.
Facing the DOJ’s handcuffed ability to prosecute, Smith is exiting. With Trump’s reelection on the books, prosecuting a sitting president becomes unfeasible. Meanwhile, Trump’s legal strategy challenges Smith’s appointment and the DOJ’s constitutional basis.
State-Level Cases and Broader Implications
Across state lines, cases, including those in Georgia and New York, reflect ongoing battles. Trump’s business fraud convictions in Manhattan await sentencing, while the Atlanta conspiracy challenge faces delays. Trump’s presidency introduces enormous implications; a rare nonsequential presidency, first with felony rulings.
“For all intents and purposes, his criminal prosecutions are over.” – Jeffrey Cohen
As Trump’s legal conundrum continues, state and federal prosecutors face tensions in maintaining rule of law amid political aspirations. With Trump’s promise for legal retribution echoing, eyes remain on the courtrooms and the White House.
Sources:
- Trump Seeks to Challenge Jack Smith’s Appointment in Election Case
- Will Trump still face lawsuits? Will he use Justice Department to sue his enemies?
- Nolte: Corrupt Special Counsel Jack Smith to Exit DOJ, Drop Cases
