As President-elect Donald Trump readies himself to take office once again, the Department of Justice (DOJ) and Special Counsel Jack Smith are reportedly scrambling to find a way out of the legal quagmire they created with investigations into Trump. Sources close to the DOJ told NBC that top officials are debating how to quietly sideline both the January 6 and classified documents cases—cases that now face significant roadblocks with Trump’s return to the White House imminent.
The problem for the DOJ is twofold: the likelihood of moving these cases forward before Trump’s inauguration is slim, and the cases themselves are flimsy enough that any serious legal scrutiny could expose their lack of substance. With numerous legal challenges poised to go all the way to the Supreme Court, it seems the DOJ is finally acknowledging that these politically charged cases have a tenuous legal foundation. “There’s no room to pursue either criminal case against him,” a source reportedly said, as the reality sets in that pursuing these cases might backfire.
Questions still remain: What will happen to the evidence gathered? Will the prosecutions simply be paused, only to resume once Trump leaves office, or would they become time-barred? There’s even speculation about whether Smith will issue a report—a typical move for special counsels, but one that may complicate the DOJ’s exit strategy. In any case, the DOJ appears to be weighing the consequences of pursuing politically charged prosecutions against a sitting president, something that could trigger a strong backlash.
Meanwhile, Trump’s legal team is preparing for a series of moves aimed at sweeping away any lingering federal and state charges, focusing on dismissal motions and potentially leveraging executive authority to shield the president-elect from these legal distractions. Trump’s New York case, involving a felony conviction, presents unique hurdles, with a sentencing hearing on the calendar for November 26. However, Trump’s attorneys are determined to delay or dismiss that case as well.
Former Attorney General Bill Barr joined the chorus, urging the DOJ to respect the will of the people, saying, “The American people have rendered their verdict on President Trump… and I think Attorney General Garland and the state prosecutors should respect the people’s decision and dismiss the cases against President Trump now.”
Jack Smith himself is expected to step down before Trump takes office, and in a recent interview with Hugh Hewitt, Trump made clear his intent to waste no time in addressing Smith. “I would fire him within two seconds,” Trump stated, indicating a swift end to what he has repeatedly called a “witch hunt.”
With legal and political winds shifting, Trump’s impending return to office seems likely to spell the end for Smith’s pursuit of these cases, and a new chapter in Trump’s political career is already taking shape.
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