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Dismissal of Trump’s criminal cases does not prevent future prosecutions in 2029

14 0
05.12.2024

All of President-elect Donald Trump’s federal criminal cases have been dismissed. Despite reports of Trump taking a “victory lap,” Americans must understand what these significant legal events mean.

No, the dismissals — both for the election interference charges and for mishandling classified documents — does not mean justice is dead. No, Trump the defendant has not “WON,” as he proclaimed on social media.

Nor was Special Counsel Jack Smith’s decision to dismiss “a serious mistake,” as Sen.-elect Adam Schiff (D-Calif.) said. No, District Judge Tanya Chutkan did not put “an end to the federal effort to hold Trump criminally responsible for his attempts to hold onto power after losing the 2020 election,” as Reuters reported.

Most importantly: No, this does not necessarily mean the end of federal prosecutions against Trump.

Both cases involve dismissals “without prejudice,” an important legal distinction. This means the dismissals do not reflect any judicial decisions about the underlying merits of the cases. Furthermore, dismissals without prejudice allow the prosecution to refile charges later.

Don’t assume that these dismissals confirm that Trump is immune from prosecution and therefore above the law. The Supreme Court’s recent decisions probably have not helped in this perception. While the court’s decision in Trump v. U.S. granted Trump some immunity in........

© The Hill


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