Jack Smith Will Reportedly Move to Dismiss All Pending Trump Cases

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With Donald Trump’s re-election, DOJ officials and FBI special counsel Jack Smith are now deliberating the next steps for the federal Trump cases. As Trump prepares to re-enter the White House, longstanding DOJ policies prevent prosecuting a sitting President, complicating Smith’s efforts. Additionally, a recent Supreme Court ruling has granted limited immunity to Presidents, adding further obstacles. These developments could ultimately mean that the Trump cases may not advance as Smith initially planned.

Trump’s enmity toward Smith has also shaped the Trump cases. Throughout the investigations, Trump has openly called Smith’s efforts “criminal” and vowed to fire him immediately upon taking office. However, under DOJ guidelines, Trump cannot directly fire Smith due to the protective rules surrounding the role of special counsel. These challenges have placed the incoming cases at a crossroads, with DOJ officials now weighing various options to conclude the matter.

Legal Delays Was A Masterstroke in Delaying the Trump Cases

Trump’s legal team has strategically delayed proceedings in the Trump cases, preventing them from reaching trial during his campaign. These deliberate delays allowed Trump to navigate the election season without court appearances or trial distractions. Constitutional law experts note that this approach proved to be an effective strategy, giving Trump a distinct advantage. As Jessica Levinson, a professor of constitutional law, commented, “It clearly paid off to aggressively push to delay these cases as long as possible.”

As a result of these delays, Smith now faces limited time to make significant moves in the Trump cases. Given that Trump’s election victory provides him with legal immunity from certain charges, as established in a recent Supreme Court ruling, the DOJ’s capacity to continue prosecuting may be constrained. These factors have increasingly tipped the scales in Trump’s favor, making it challenging for the DOJ to press forward as originally intended.

Limited Options Ahead for DOJ as Trump’s Inauguration Nears

With Trump set to assume office soon, DOJ officials and Smith have limited paths to pursue in the Trump cases. Smith could withdraw from the cases voluntarily, file a comprehensive report on his findings, or leave the decision to DOJ leaders. Legal experts suggest that submitting a report could preserve the investigative efforts made by Smith, potentially serving as a historical record, but it’s unclear whether such a move would influence public opinion given Trump’s unwavering support.

In fact, some legal analysts argue that Smith should press forward until the final hours of his term, creating a situation where Trump would be forced to fire him upon entering office. Former ethics lawyer Norm Eisen stated, “Smith should keep going.” However, most DOJ officials expect Smith to respect DOJ’s traditional policy against prosecuting a sitting President and close the Trump cases with minimal fanfare. The Trump cases have reached a pivotal point, and Smith’s exit will likely occur quietly, avoiding prolonged legal maneuvers.

Triumph for Trump as DOJ Nears Conclusion of the Trump Cases

Ultimately, Jack Smith’s efforts in the Trump cases appear close to ending. With his legal team’s strategic delays, Supreme Court immunity protections, and his re-election, Trump’s path to avoid prosecution seems clear. As voters demonstrated their support for Trump at the ballot box, it has become evident that Smith’s efforts could not override the will of the electorate. The DOJ’s next steps will likely bring the Trump cases to a close, marking a legal victory for Trump.

How should the DOJ and Jack Smith proceed with the Trump cases? Tell us what you think.

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