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Jack Smith Exploring End to Trump Prosecutions in Wake of Election

 November 7, 2024

Special counsel Jack Smith is closely working with the Justice Department on how to handle ongoing criminal prosecutions of President-elect Donald Trump.

These discussions arise from the Justice Department policy that prevents the criminal prosecution of a sitting president, complicating existing legal actions against Trump, as ABC News reports.

The Justice Department, adhering to its own longstanding policy, is in the thick of deciding whether to continue legal pursuits against Trump, who will soon become the sitting president.

Smith is said to be actively consulting with senior officials to determine an appropriate course of action.

It was on June 8, 2023, that Smith took significant steps by charging Trump with allegedly holding onto classified documents after leaving the White House unlawfully and obstructing efforts to retrieve them. Trump answered these charges with a not guilty plea in a Florida federal court.

Legal Entanglements and Their Ramifications

Further complicating matters, Trump faced additional legal trouble on Aug. 1, 2023, when he was indicted on charges tied to efforts to overturn the 2020 election results. Trump again pleaded not guilty, confronting felony counts that underscored his legal entanglements.

Recent decisions from the U.S. Supreme Court have thrown a wrench in these prosecutions, offering partial immunity to presidents. This development has led to the Jan. 6 case's remand to a lower federal court for further procedings, and though the classified documents case was dismissed earlier this year by Judge Aileen Cannon, it remains the subject of a pending appeal.

Judge Cannon, appointed by Trump himself, dismissed Smith's case due to constitutional concerns. She noted that Smith's appointment lacked the requisite presidential nomination or Senate confirmation, adding another layer to the unfolding legal drama.

Trump's Legal Challenges and Statements

As Trump navigates these legal waters, he hasn't held back his intent to dismiss Smith from his position if inaugurated. He expressed this viewpoint clearly during an interview, stating there would be swift action once in office, a possible gesture of retribution against the ongoing prosecutions.

While these high-profile federal cases capture public interest, Trump also faces significant personal legal challenges. He is slated for sentencing on Nov. 26 in a separate state-level hush money case involving adult actress Stormy Daniels, adding to his legal burdens.

The hush money case involves allegations of falsifying business records. Despite its salacious nature, the Manhattan District Attorney's Office has so far refrained from commenting on Trump's impending sentencing, maintaining an air of mystery around the proceedings.

Civil Judgments and Ongoing Litigation

Beyond criminal cases, Trump is entrenched in civil litigation as well. A substantial judgment looms in New York, where Attorney General Letitia James seeks to collect nearly $500 million in a civil fraud lawsuit.

Despite facing potential financial setbacks, Trump remains defiant. James has shown resolve, stating readiness to respond to challenges anticipated from the next administration, signaling ongoing enforcement of the court's decision.

Moreover, Trump owes a hefty sum of approximately $90 million due to liabilities in two separate cases for sexual assault and defamation involving former Elle columnist E. Jean Carroll. These court rulings have yet to see any change despite his election victory.

Statements from Key Figures and Ongoing Debate

Amid these legal skirmishes, Carroll’s attorney, Roberta Kaplan, asserted that the legal outcomes remain unchanged by Trump's political resurgence. The judgments, backed by juries, find Trump culpable for his actions against Carroll.

Trump's looming presidency has sparked debates about the extent of presidential immunity and potential implications for ongoing litigation. These discussions highlight the intersection of legal obligations and executive privileges.

As Jack Smith and federal prosecutors chart a path forward, navigating these turbulent legal waters will be critical.

The justice system's adaptability in responding to presidential freedoms will be closely watched in the coming months.