The Special Counsel Overseeing the Federal Criminal Cases against Trump, is preparing to Drop the Prosecutions of the President-Elect Trump (R), before He is Sworn-In, according to a Justice (DOJ) Department Official.
Special Counsel Jack Smith is Evaluating how to Wind Down Two Federal Cases against Trump, in order to comply with a DOJ Department Policy, that a sitting President can’t be Prosecuted, said the Official.
Smith may still seek to Prosecute Two of Trump’s Co-Defendants in One of the Cases.
Smith Charged Trump with Illegally trying to Remain-in-Office after the 2020 Election, which He Lost to President Biden.
In a separate Case, Trump was Charged with Illegally Retaining Classified Documents and Obstructing Federal efforts to Retrieve them after He left the White House.
A DOJ Department Policy put in place in 2000, states that “the indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
Several Questions remain Unanswered about How the Prosecutions will be brought to a Close, including whether Trump’s Co-Defendants in the Classified Documents Case can still be Prosecuted.
The Classified Documents Case already was Dismissed by a Federal Judge in Florida, who Ruled that Attorney General Merrick Garland (D) didn’t have Authority to Appoint and Fund a Special Counsel. The DOJ is currently Appealing the Ruling in an effort to Ppreserve the Institutional Ability of the Agency to Appoint Special Counsels in the Future.
Smith may choose to Leave the Special Counsel Position when Trump takes Office, but it wasn’t clear whether He would Leave the DOJ or move to another Position. If Smith remains in the DOJ. Trump could seek to have Him Fired.
The Mechanics of how the Cases will Wind-Down, will become Clear in the coming days as Court Deadlines approach.
The Special Counsel’s Office is due to make a Filing in the 11th US Circuit Court of Appeals on Nov. 15th with Regard to the Classified Documents Case.
Trump’s Lawyers have several Filings due on Nov. 21st, before a Federal Court in Washington, regarding the Election Interference Case.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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