Pride and Prejudice: Jack Smith, Refusing To Surrender Completely, Maneuvers To Preserve the Ability To Prosecute Trump in Four Years

The special counsel blames ‘circumstances’ rather than the merits for the collapse of the federal prosecutions against the president-elect.

Drew Angerer/Getty Images
Special Counsel Jack Smith on August 1, 2023 at Washington, DC. Drew Angerer/Getty Images

Special Counsel Jack Smith’s admission that his cases against President Trump are over comes with a caveat: He wants to preserve the possibility that his cases, which he has pursued with zeal, can, like the biblical Lazarus, come alive again in four years. 

The Sun reported on the possibility that the cases could be dismissed on terms favorable to the special prosecutor before Mr. Smith made his motions. He did, in asking Judge Tanya Chutkan to dismiss the election interference case, acknowledged that the prohibition against prosecuting a sitting president is “categorical.”

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