💥🦁⚖️ It is official. Judge Tanya Chutkan grants motion to dismiss J6 case 💥🦁⚖️
(twitter.com)
🏆 - WINNING - 🏆
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Jeff Clark's Perspective:
Here are my observations on Jack Smith raising the white flag and moving to dismiss his “J6” case against Trump:
The motion seeks dismissal without prejudice. This is absurd and raises the prospect that Judge Chutkan will grant that relief and leave a Sword of Damocles hanging over President Trump’s head such that the case against him could be reactivated in 2029. The American people do not want that. And the very existence of such a Sword of Damocles is unconstitutional as it raises risk of impairing the presidency by leaving a cloud in place.
The biggest problem with this move is that Jack Smith’s basis for moving for dismissal without prejudice is that two OLC opinions (one from the Nixon Admin and one from the Clinton) opined that sitting Presidents can’t be indicted or the separation of powers is violated. But the OLC opinions say the immunity is temporary.
This is to reify OLC opinions over Supreme Court precedent. The Supreme Court in Trump v U.S. ordered that the President is permanently absolutely immune from some categories of actions and presumptively immune — also on a permanent basis — from other categories of action.
Supreme Court opinions are actual binding authority. OLC opinions are not binding in the courts. Jack Smith’s view of the world is backwards, upside-down, and DOJ-centric.
For these reasons and to spare the Nation grief and turmoil (and the unfairness of trying actions 9+ years stale at some point in the future), the District Court should grant the motion but WITH PREJUDICE.
The District Court should not toll the statute or limitations to permit Trump to be pulled back into this process post 1/20/29.
Prosecutors possess discretion. Any fair-minded prosecutor would be all for dismissal with prejudice to close the book on this case. But Jack Smith is instead only hanging up his spurs temporarily.
Jack Smith should have taken the message from the voters and gotten off the national stage as quick as possible. But he is thinking only of himself.
Great summary
With all of the above items in mind, what Trump and Co. can do to rectify this?
This motion WOULD NOT have surprised DJT's legal team at all.
When a prosecutor moves to dismiss a case, it is almost always "without prejudice." The defendant, by contrast, would always move for a dismissal with prejudice.
Had Smith moved to dismiss with prejudice, the facts alleged in the motion would have opened up a can of worms, because the standard is much higher. The optics for the DOJ in filing such a motion would have been terrible. Instead they took the conservative route of moving to dismiss without prejudice (which was strategically the correct one).
No way in hell was the DOJ going to hand any ammo to the 47th administration, or to DJT's legal team. They are totally in CYA mode.
Should these crooked evil bastards try to refile, it will be all guns blazing for the defense. I suspect they are scared to death that their very dirty dealings will soon be exposed to, and therefore become understood by, the general public.
NB: I am 30+ years out of the legal world, but I am confident I have more common legal sense than 90% of Ivy League Law School professors and graduates (many of whom I believe have gone insane with Trump-hatred, see for example Jennifer Rubin and Seth Abramson).
Thanks for the detailed post.
My plan is to pound the deep state/libtards while they are down.
They probably won’t know this detail.
REEEEEEEEEEEEE!
Thanks for breaking it down