Jack Smith has to dismiss because presidents can’t be prosecuted while in office.
But, as the New York Times just wrote:
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Jack Smith, the special counsel who brought a pair of felony cases against Donald J. Trump, one accusing him of attempting to overturn the 2020 election and one accusing him of illegally retaining classified documents, moved to drop both sets of charges against him on Monday. Read more ›
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Justice Department policy forbids prosecuting sitting presidents. Mr. Smith wrote to the judge in the election case that the dismissal request was not related to “the strength of the government’s proof or the merits of the prosecution, which the government stands fully behind.” There is a possibility of reviving the prosecutions once Mr. Trump leaves office.
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That “possibility of reviving the prosecutions once Mr. Trump leaves office”? It will be inscribed in the decision by one innocuous-appearing phrase: “without prejudice.” Which means it can be renewed when the obstacles (the clown in the White House) are removed.
Don’t blame the DOJ for this or the Democrats. Blame SCOTUS and the voters who put the multi-layered criminal out of prosecutorial danger. For now.
Oh, yeah, and blame MAGA, formerly known as the GOP, and one of its top guys, Mitch McConnell.