Special Counsel Jack Smith's legal pursuit of Donald Trump takes an unexpected turn as the Justice Department faces a significant procedural development.
According to The Washington Examiner, the 11th Circuit Court of Appeals has granted Special Counsel Jack Smith's motion to terminate the classified documents appeal against Donald Trump, effectively ending one of two major federal prosecutions against the president-elect.
The court's decision came swiftly after prosecutors filed their motion, citing the DOJ's long-established policy against prosecuting sitting presidents. The ruling maintains the charges against Trump's co-defendants, Walt Nauta, and Carlos De Oliveira while dismissing the president-elect from the case.
The Florida case, which included more than three dozen charges related to the alleged unlawful retention of national defense information, had initially been dismissed by Judge Aileen Cannon during the summer. Smith's team had been pursuing an appeal before Trump's election victory prompted the recent withdrawal request.
In a parallel development, Smith's team successfully moved to dismiss the election interference charges in Washington, D.C., which Judge Tanya Chutkan granted on Monday. This case had involved four charges alleging illegal attempts to overturn the 2020 election results.
The dismissal of both federal cases represents a significant shift in the legal landscape surrounding Trump, though the circumstances of each dismissal differ substantially. Cannon's dismissal was with prejudice, preventing future refiling, while Chutkan's was without prejudice, theoretically allowing future prosecution.
The Justice Department's Watergate-era policy regarding the prosecution of sitting presidents played a crucial role in these developments. Prosecutors acknowledged this limitation in their court filings, as demonstrated in their statement:
Prosecutors wrote in their court motions seeking an end to both cases that they had no other alternative after Trump's election victory because of the DOJ's Watergate-era policy that it does not prosecute sitting presidents.
The policy's impact extends beyond these specific cases, affecting the broader scope of potential legal actions against sitting presidents. Recent Supreme Court rulings had already created significant delays in the Washington case before its dismissal.
These developments mark a substantial change in the special counsel's investigation, which began when Attorney General Merrick Garland appointed Smith in November 2022. The investigation had resulted in two major indictments against Trump.
The differing nature of the dismissals in Florida and Washington creates distinct legal scenarios for any future prosecution attempts. The Florida case's dismissal with prejudice effectively closes that chapter permanently.
The Washington case's dismissal without prejudice technically leaves the door open for future prosecution, though practical considerations, including statutes of limitations, would complicate any attempts to revive the case. This distinction highlights the complex legal considerations at play.
Special Counsel Jack Smith's federal prosecutions against Donald Trump have concluded with the 11th Circuit Court of Appeals' decision to terminate the classified documents case. The dismissal follows Trump's election victory and stems from the Department of Justice's policy against prosecuting sitting presidents.
Both the Florida classified documents case and the Washington D.C. election interference charges have been dismissed, though under different terms. While the Florida dismissal permanently closes that case, the Washington dismissal theoretically allows for future prosecution after Trump's presidency, subject to statutory limitations.
