Special Counsel Jack Smith, overseeing two federal cases against former President Donald Trump, has considered a possible pathway to end the cases, according to two sources familiar with the matter who spoke to NBC News. This news from the MSM outlet comes hours after Trump won the US presidential election.
Here's more from NBC News:
The latest discussions stand in contrast with the pre-election legal posture of Special Counsel Jack Smith, who in recent weeks took significant steps in the election interference case against Trump without regard to the electoral calendar.
But the sources say DOJ officials have come to grips with the fact that no trial is possible any time soon in either the January 6th case or the classified documents matter—both of which are mired in legal issues that would likely prompt an appeal all the way to the Supreme Court, even if Trump had lost the election.
Now that Trump will become president again, DOJ officials see no room to pursue either criminal case against him—and no point in continuing to litigate them in the weeks before he takes office, the people said.
The outlet continued:
The sources said it will be up to Smith to decide exactly how to unwind the charges, and many questions remain unanswered. Could the prosecutions resume after Trump leaves office or would they be time-barred? What happens to the evidence? What about the two other defendants charged with helping Trump hide classified documents? Will Smith write a report, as special counsels usually do?
The sources say all those issues require study and research.
At the same time, Trump's legal team is weighing their own next steps for how to resolve the outstanding federal cases in the former president's favor now that he is the projected winner of the election. The ultimate goal is to get all of the federal and state cases wiped out completely — the strategic call is how best to accomplish that task, according to a person familiar with the discussions.
If the Trump side, for example, moved again in court to dismiss the charges in Washington for election interference, then the Justice Department could use its legal response to explain its position on not moving forward with that case.
As a reminder, Axios noted that there are four separate federal and state cases that involve Trump:
New York hush money case: Trump was convicted in May on all 34 felony counts in his New York criminal trial, for falsifying business records to cover up a payment to adult film actress Stormy Daniels before the 2016 election.
Georgia election interference case: The sprawling racketeering case has been on hold since July, pending a legal battle over whether prosecutor Fani Willis should be removed from the case. Oral arguments are set for December 5th.
Federal January 6th case: Special counsel Jack Smith's criminal case over Trump's alleged efforts to overturn the 2020 election is on hold while Judge Tanya Chutkan decides how much of the case can proceed in light of the Supreme Court's presidential immunity ruling.
Federal classified documents case: The federal case, which was filed in Florida, was dismissed in July after Judge Aileen Cannon ruled Smith had been unlawfully appointed. Smith appealed the dismissal.
The former president has stated that he intends to end the federal criminal cases once he returns to the White House.
Surprisingly, the Biden-Harris DoJ may move first, well ahead of January 20th.
As Jonathan Turley notes, Donald Trump’s victory was the largest jury verdict that some of us anticipated for years of unrelenting weaponization of the legal system.
Smith’s prosecutions ended with the 270th Electoral College vote secured around 2 a.m. Wednesday. His unrelenting efforts to convict Trump and then, when prevented from holding a trial, to release damaging material before the election have collapsed with the blue wall in the Midwest.
Trump has said he plans to fire Smith on Day 1. That means the end of both the January 6 and the classified documents cases.
That leaves James and Bragg as residue of long-forgotten lawfare battles, but even there Trump’s prospects look good.
James was able to secure a fellow lawfare warrior in Justice Arthur Engoron, who imposed a grotesque $455 million in fines and interest.
That ruling is pending an appeal that is expected to be a partial or even total victory for Trump.
Unlike Engoron, the appellate judges expressed great skepticism in September over the size of the penalty and even the use of this law.
Trump faced half a billion dollars in penalty in a case where no one lost a dime, and the alleged victim banks wanted more business with Trump and his company.
Separately, there is a hearing scheduled in front of Judge Juan Merchan for Nov. 11 on the “hush money” case involving Stormy Daniels, and a possible sentencing on Nov. 26.
If Merchan seeks to jail Trump, it is unlikely to be carried out, as Trump appeals the case and the many alleged errors committed by the judge.
Merchan made an utter mess of a case that should never have been filed, let alone tried. Even commentators like CNN’s senior legal analyst, Elie Honig, have denounced the case as selective prosecution and unfounded.
The case should result in a conditional discharge with no jail time if Merchan can resist the temptation to unjustly punish Trump, a level of restraint that has largely proven difficult for him in the case.
Merchan created layers of appealable errors in the case. Putting those alleged errors aside, any sentencing to jail would create its own constitutional conflict with Trump’s performance of his federal duties.
The question is whether the election will bring a moment of sobriety for New Yorkers who have spent years in a full rage-driven celebration of lawfare.
While Trump did not prevail in New York, he came closer than any Republican in decades.
After this steady diet of politicized prosecutions in New York, Trump secured 44.3% of the vote, while Harris received 55.7%. In 2020, the margin was 23 points.
It is doubtful that the election will completely kill the appetite for lawfare in New York. As I wrote in my recent book, “The Indispensable Right: Free Speech in an Age of Rage,” “rage is liberating, even addictive. It allows us to say and do things that we would ordinarily avoid, even denounce in others.”
What people do not want to admit that is that they like the rage.
Rage addicts will continue to push James and Bragg to continue these unhinged campaigns. It is not prosecutorial — it is recreational.
We can only hope that James and Bragg feel a twinge of humility when their cases fall apart along with the Kamala Harris campaign.
And Merchan has the opportunity to use this brief sobering moment and issue a conditional discharge without home or actual confinement.
He can take judicial notice of Trump’s election as our next president and end this circus in Manhattan.
Instead of listening to the braying mob, he can act as a judge.
MSNBC is not thrilled with these new developments...
MSNBC: Jack Smith and the DOJ seeking to end cases against Donald Trump, citing long-standing policy regarding the prosecution of a sitting president.
— johnny maga (@_johnnymaga) November 6, 2024
They're terrified. pic.twitter.com/jYLi8j16ks
Fox News says, 'Trump legal problems have all - essentially - gone away'...
🚨BREAKING: Jack Smith's prosecution is OVER:
— Charlie Kirk (@charliekirk11) November 6, 2024
“The DOJ, where Jack Smith works, cannot prosecute a sitting president… Fox News is told that Jack Smith will be gone from his post as special counsel, meaning the cases will be gone before Trump takes the oath of office on January… pic.twitter.com/Gu6u56E0gj
Here's what X users are saying:
They are so dumb. They should’ve known better.
— Liberacrat™️ (@Liberacrat) November 6, 2024
Then again, they didn’t count on Trump surviving after everything they threw at him.
They tried to break, destroy, demolish and even kiII the man… and couldn’t.
Retribution is coming. Judgement day is near.
Jack Smith prosecution of President Trump should never have started. Finally, it's over. Now these thugs should have to face their own justice.
— 𝐂𝐂 (@ChatByCC) November 6, 2024
THE END OF POLITICAL PERSECUTION pic.twitter.com/Xsif6ojfUa
— Anti Left Memes (@AntiLeftMemes) November 6, 2024
The American people defeated Jack Smith at the ballot box 🇺🇲
— Based Electrician⚡️🇺🇲 (@RyanHugeBrain) November 6, 2024
https://www.zerohedge.com/political/biden-harris-doj-reportedly-winding-down-trump-criminal-cases
