Breaking: Judge Tanya Chutkan Dismisses Jack Smith’s J6 Case Against Trump
In a pivotal development Monday evening, Judge Tanya Chutkan approved special counsel Jack Smith’s request to dismiss the January 6 case against President-elect Donald Trump.
“The Government has moved to dismiss the Superseding Indictment without prejudice,” Chutkan wrote in her motion, adding that the “Defendant does not oppose the Motion” and “the court will grant it.”
Chutkan’s move comes mere hours after Smith moved to dismiss all charges, as Resist the Mainstream reported earlier today:
Smith had written his filing on Monday that “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.”
He stated that “after careful consideration, the Department has determined that” the Justice Department’s Office of Legal Counsel’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,” according to The Post Millenial.
Chutkan also said: “Dismissal without prejudice is appropriate here. When a prosecutor moves to dismiss an indictment without prejudice, ‘there is a strong presumption in favor’ of that course. A court may override the presumption only when dismissal without prejudice ‘would result in harassment of the defendant or would otherwise be contrary to the manifest public interest.’ As already noted, there is no indication of prosecutorial harassment or other impropriety underlying the Motion, and therefore no basis for overriding the presumption—and Defendant does not ask the court to do so.”
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