The Memo: Trump wins biggest legal victory so far as Jack Smith pulls the plug
President-elect Trump won his biggest legal victory so far on Monday when special counsel Jack Smith announced he was seeking the dismissal of the two federal cases Trump was facing.
The decision was taken based on the long-standing view that a sitting president cannot be criminally prosecuted while in office.
The judge in one of the cases, pertaining to Trump’s actions around the Capitol riot of Jan. 6, 2021, duly granted the dismissal. U.S. District Court Judge Tanya Chutkan noted that the dismissal “without prejudice” was “also consistent with the Government's understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office.”
In plain terms, that means a prosecution could theoretically be pursued anew after Trump leaves office at the end of his second term.
This seems unlikely as a practical matter, however, given the long pause and the fact that Trump will be 82 by the time his final term concludes. If Trump is succeeded by another Republican, there would be no real chance of a new prosecution.
The situation underlines just what a big personal prize Trump won by defeating Vice President Harris in this month’s election.
In addition to becoming the first person since former President Grover Cleveland in the late 19th century to win nonconsecutive presidential terms, Trump’s........
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