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Jack Smith Moves To “Double-Dismiss” His Case Against President Trump

Jack Smith wants to be SUPER sure that the Court knows he wants his case against President Trump fully dismissed.

Super duper certain!

This is pretty hilarious, it’s like the kid who sneaks candy all day and doesn’t brush his teeth ever and then thinks he can just brush 10 times the day before he goes to the dentist and it will all balance out.

Sorry bud, it doesn’t work that way….

Not for the kid and not for Jack Smith.

Check this out:

Here’s a closer look:

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FULL TEXT:

On November 25, 2024, on the Government’s Motion, see ECF No. 281, the Court dismissed the operative superseding indictment without prejudice. ECF No. 283. The Clerk acted on the Court’s order and the docket now reflects the absence of any pending charges against the defendant and classifies this case as “closed.” Nonetheless, because certain out-of-Circuit caselaw
indicates that a superseding indictment does not void the original indictment, see, e.g., United
States v. Vavlitis, 9 F.3d 206, 209 (1st Cir. 1993), the Government now supplements its dismissal
motion to avoid any doubt that for all of the reasons set forth in the Government’s Motion to
Dismiss, the original indictment, ECF No. 1, is also dismissed without prejudice. The Government
has conferred with defense counsel, who does not object to the relief requested.

Here was our original report on the original dismissal:

IT’S OFFICIAL: Jack Smith Case Is DISMISSED! But There’s One Small Detail…

IT'S OFFICIAL: Jack Smith Case Is DISMISSED! But There's One Small Detail...

It's official, the lawfare case brought by Jack Smith against President Trump is officially GONE -- dismissed by the Court!

It all started this morning when Jack Smith filed a Motion To Dismiss the federal case against President Trump:

It became official just about an hour ago when Judge Tanya Chutkan granted the Motion to Dismiss:

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So that's great news!

We knew it from day 1, the case was always bogus and we told you so right from the jump.

Now they head off with their tail between their legs losing once again.

But....I told you there was one small detail and it's this: the case is Dismissed "Without Prejudice" and the Judge went out of her way to make a big federal case about that (no pun intended):

So what's that mean and why is it a big deal?

Because it means the DOJ can refile the case in the future.

And look at the highlighted portion below from the Judge's Order:

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Look, I'm no legal scholar, but that sentence doesn't even make any sense!

Immunity afforded to a sitting President expires when they leave office?

That is wildly false.

Immunity afforded to a sitting President applies to all official duties served while in office and it does NOT expire when they leave office.  That's the whole point!  If it simply expired after they leave office, that would defeat the entire point!

Wow, that's a really uninformed sentence to write.

And while the case was bogus to begin with, even the flimsy claims in the case apply to when President Trump was in office, not when he was out of office.

So what is the point of the highlighted sentence other than to just have one (unintelligent) hissy fit on the way out the door?

Wow!

I completely agree with Julie Kelly here:

Watch it live on Fox News:

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Steve Bannon and Mike Davis nail it here:

Here's more, from ABC News:

The judge overseeing Donald Trump's election interference case has dismissed the case, after special counsel Jack Smith asked the judge to toss the case due to a long-standing Justice Department policy that bars the prosecution of a sitting president.

Smith earlier Monday moved to dismiss Trump's election interference case and the appeal of his classified documents case ahead of Trump's impending inauguration, due to the DOJ's presidential immunity policy and not because the charges lacked merit.

U.S. District Court Judge Tanya Chutkan dismissed the charges against Trump without prejudice, leaving open the highly unlikely possibility of a future prosecution.

In a two-page opinion, Judge Chutkan wrote that dismissing the case without prejudice is "appropriate" and would not harm the "public interest," agreeing with Smith's argument that Trump's immunity would not cover him when he leaves office.

"Dismissal without prejudice is also consistent with the Government's understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office," Chutkan wrote.

However, it's extremely unlikely that any prosecutor would attempt to bring the same charges in the future, in part because the statute of limitations for the alleged crimes will have expired by the time Trump leaves office in four years.

My take?

There's no way in hell this case ever gets brought again in the future.

This case was brought for one reason and one reason only: to distract President Trump and hurt him in the election.

And it failed even at that one job.


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