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Part-time Hedonist
@titwitch.bsky.social
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chrisgeidner.bsky.social
BREAKING: Special Counsel Jack Smith moves to dismiss the federal Jan. 6 case against Donald Trump before he is inaugurated in accord with DOJ’s position that a sitting president cannot face federal prosecution. storage.courtlistener.com/recap/gov.us...
UNITED STATES OF AMERICA V. DONALD J. TRUMP, Defendant. * CRIMINAL NO. 23-cr-257 (TSC) * * * * * GOVERNMENT'S MOTION TO DISMISS As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025. It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President. But the Department and the country have never faced the circumstance here, where a federal indictment against a private citizen has been returned by a grand jury and a criminal prosecution is already underway when the defendant is elected President. Confronted with this unprecedented situation, the Special Counsel's Office consulted with the Department's Office of Legal Counsel (OLC), whose interpretation of constitutional questions such as those raised here is binding on Department prosecutors. After careful consideration, the Department has determined that OLC's prior opinions concerning the Constitution's prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated. 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. Based on the Department's interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment under Federal Rule of Criminal Procedure 48(a). The Government has conferred with defense counsel, who does not object to this motion.
November 25, 2024 at 6:21 PM