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Breaking: DOJ & Jack Smith to End Weaponized Cases Against Trump in Wake of Landslide Election Victory

"The thinking is that these cases can't go forward. There's no reasonable prospects of going to trial within the three months before Donald Trump takes office," says NBC News correspondent Ken Dilanian.

Breaking: DOJ & Jack Smith to End Weaponized Cases Against Trump in Wake of Landslide Election Victory Image Credit: Drew Angerer/Getty Images
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The Biden Department of Justice and special counsel Jack Smith are reportedly moving to end their weaponized lawfare cases against former President Donald Trump following his landslide election victory on Tuesday.

The DOJ’s reasoning on Trump’s two federal cases come from a 2000 memo by the Justice Department’s Office of Legal Counsel, which affirmed a Watergate-era conclusion that a prosecution of a sitting president would “unduly interfere in a direct or formal sense with the conduct of the presidency,'” NBC News reported Wednesday.

“It’s not a surprise that these cases can’t go forward when Donald Trump takes office. What’s interesting here is that the DOJ is moving to end them even before he takes office, citing the longstanding DOJ policy that sitting presidents can’t be prosecuted,” said NBC News DOJ and Intel Correspondent Ken Dilanian.

“And there were some thought that maybe special counsel Jack Smith was going to sprint through the finish line, was going to work up until the last day, force Trump to fire him, wait till a new Attorney General was appointed.”

“But that does not appear to be the thinking inside the department. The thinking is that these cases can’t go forward. There’s no reasonable prospects of going to trial within the three months before Donald Trump takes office,” he said, adding that the January 6th case and the classified documents cases are “mired in legal issues that would be appealed all the way to the Supreme Court” even if he lost.

“So now that he’s won the election, DOJ officials are thinking that there’s just no room to move in these cases and so the sensible thing to do is to find a way to wind them down,” he added.

The DOJ memo concluded that the only way to “deal” with a sitting president is impeachment.

“In light of the effect that an indictment would have on the operations of the executive branch, ‘an impeachment proceeding is the only appropriate way to deal with a President while in office,’” the memo stated.

Given that Republicans have retaken majorities in the House and Senate in the historic 2024 election, the prospect of impeachment has been effectively neutralized.

“The practical reality of Trump’s electoral victory Tuesday is that he is unlikely ever to face legal consequences for the serious federal criminal charges brought against him by career Justice Department prosecutors working with career FBI agents,” NBC reported.

NBC News contributor and anti-Trumper Joyce Vance did not react well to the news.

“The idea that you could win an election to avoid justice just cuts so deeply against my expectations for our legal system and for our politics too,” said Vance, a former U.S. Attorney. “But the voters have spoken, and that’s where we are.”

The January 6 case and the classified documents case aside, Trump’s legal team is still working to dismiss the New York criminal case after his felony conviction and sentencing hearing scheduled for November 26th.

Additionally, the Georgia election interference case against Trump remains tied up on appeals over ethical issues surrounding Fani Willis, who won reelection as Fulton County District Attorney on Tuesday.


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