REDSTATE | Published November 26, 2024
Update – 5:05 p.m. Eastern:
As reported earlier, Special Counsel Jack Smith formally moved to dismiss the D.C. election interference case against President-elect Donald Trump, citing Trump’s reelection and DOJ policy not to prosecute a sitting president. (Smith also moved to dismiss the Government’s appeal of the dismissal of the classified documents case against Trump.)
Now, Judge Tanya Chutkan has granted the Government’s request, ordering the dismissal of the D.C. case as requested. As noted in the original article, the dismissal is without prejudice, and in the Memorandum accompanying her order, Chutkan further explains why she believes such is appropriate in this instance, noting, “Dismissal without prejudice is also consistent with the Government’s understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office.”
So…it’s officially over. For now. (Will it rear its ugly head in 2029? Only time will tell.)
Update – 2:25 p.m. Eastern:
As anticipated, Special Counsel Jack Smith has now also moved to dismiss the Government’s appeal in the classified documents case against President-elect Donald Trump. The motion filed with the 11th Circuit Court of Appeals cites back to the same grounds as those cited in the motion to dismiss the D.C. election interference case.
However, the Government also notes that it is not dismissing its appeal as to Trump’s co-defendants, Waltine Nauta and Carlos De Oliveira. In other words, the Government will continue to contest Judge Aileen Cannon’s ruling that the case should be (and remain) dismissed as to all three defendants on the basis of Smith’s appointment being a violation of the Appointments Clause and the Appropriations Clause of the U.S. Constitution. So, it appears the 11th Circuit (and perhaps ultimately the U.S. Supreme Court) will still need to wrestle with that issue.
Original story:
He signaled this would be coming, but Special Counsel Jack Smith has now made it official: His office has filed a formal motion to dismiss the D.C. election interference case against President-elect Donald Trump.
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SOURCE: www.redstate.com
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