Jeff Clark's Perspective:

Here are my observations on Jack Smith raising the white flag and moving to dismiss his “J6” case against Trump:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. The District Court should not toll the statute or limitations to permit Trump to be pulled back into this process post 1/20/29.

7. 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.