Special Counsel Jack Smith has moved to dismiss his federal election interference case and his appeal the case of classified documents Against President-elect Donald Trump, due to a long-standing Justice Department policy that prevents the president from being prosecuted, not on the merits of the charges.
However, Smith asked to continue his appeal of the classified documents case against two of Trump’s accusers, Walt Nauta and Carlos DeOlivera.
Almost 16 months after a grand jury First he impeached Trump For his alleged efforts to illegally overturn the results of the 2020 election, Smith asked U.S. District Judge Tanya Chutkan to dismiss the case before Trump’s inauguration, according to the motion filed Monday.
“This ban is categorical and does not turn on the seriousness of the crimes charged, the strength of the Government’s evidence or the merits of the prosecution, which the Government fully stands behind,” Smith said in his motion, in which he said: “The country has never faced the circumstances here, where citizens A grand jury has returned a federal indictment against a private individual and the defendant is indicted when the president is elected.”
“Confronted with this unprecedented situation, the Office of Special Counsel consulted with the Department’s Office of Legal Counsel (OLC), and the interpretation of the constitutional issues raised here is binding on the Department’s prosecutors. After careful consideration, the Department has determined the precedent of the OLC. Opinions relevant to this situation regarding the prohibition of the Constitution opinions apply to this situation and therefore the charge must be dismissed before the accused can be charged,” he said. the motions
Smith withdrew his appeal of the charges against Trump in the case of his classified documents, Trump He pleaded not guilty last year, after leaving the White House to 40 criminal charges related to the handling of classified material, after U.S. District Judge Aileen Cannon dismissed the case in July, finding that Smith was properly appointed to the role. Smith appealed that ruling to the 11th Circuit Court of Appeals, arguing that legal precedent and history support the attorney general’s ability to appoint special counsel.
Monday’s filing asks the judge to dismiss that appeal, but to uphold the appeal for Nauta and De Olivera, two Trump staffers who have pleaded not guilty to obstruction charges.
President-elect Donald Trump and Special Counsel Jack Smith.
AFP via Getty Images
“The appeal of the other two defendants will continue because, unlike the Trump defendants, the principle of temporary immunity does not apply to them,” the filing states.
The filing cited the same reason the election interference case against Trump was dismissed.
In a statement, De Oliveira’s attorney, John Irving, said, “Even after the Special Counsel’s decision to move forward in this case against President Trump is an unsurprising tribute to the poor judgment that led to Mr. De Oliveira’s indictment in the first place, the fact that he could not that is, if they prefer a slow absolution, that’s fine.”
In the election interference case, Trump last year He pleaded not guilty Federal indictments for running a “criminal scheme” to overturn the results of the 2020 election by assembling a list of so-called “fake voters,” using the Justice Department to conduct “election crime investigations,” trying to recruit the vice president. to “change the results of the elections”, and to promote false claims of stolen elections in the January 6 attack on the Capitol, in an effort to overturn it all. democracy and staying in power.
Smith then impeached Trump in a superseding indictment tailored for his deference July judgment of the Supreme Court that Trump is entitled to immunity from criminal prosecution for his official acts as president.
Earlier this month, Judge Chutkan the remaining periods have been cancelled in the election interference case after Smith asked for time to “evaluate this unprecedented circumstance and determine the appropriate course of action consistent with Department of Justice policy” after Trump’s election.
Justice Chutkan was considering how the case should proceed in light of the Supreme Court’s immunity ruling.
Smith had until December 2nd for both the election interference case and the classified documents, after Smith’s team asked for more time to deal with the unprecedented state of federal cases against a newly elected president.
Monday’s filing a week ahead of schedule now casts doubt on whether Smith will be able to officially close his office and submit his final report to Attorney General Merrick Garland — as required under the DOJ’s specifics. bar regulations — before Inauguration Day.
The final report will have to go through a classification review by the intelligence community, a process that can sometimes take weeks before it is approved for any public release.
This is a developing story. Please check back for updates.
