Legal AF by MeidasTouch UH OH! Trump Dismissal Could QUICKLY BACKFIRE…
Nov 27, 2024
Special Counsel Jack Smith has managed a temporary dismissal of Trump's D.C. indictment, but the implications are far from over. A legal loophole allows for future challenges, keeping the door open for further prosecutions. Meanwhile, Judge Chutkan's swift ruling ensures any retaliatory moves from Trump’s DOJ could be thwarted. This episode highlights the ongoing legal maneuvers and the strategies at play as the courtroom drama unfolds.
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OLC Limits Prosecution While In Office
- The DOJ moved to dismiss the D.C. election indictment against Trump citing binding Office of Legal Counsel guidance about presidential immunity.
- Michael Popok explains that the OLC view prevents prosecuting acts committed while a current president if it would impair presidential duties.
Dismissal Is Temporary, Can Be Refiled
- Jack Smith's dismissal is explicitly 'without prejudice,' meaning prosecutors can refile once immunity lifts.
- Popok stresses the dismissal is temporary and refiling is possible while the statute of limitations remains intact.
Contest Temporary Dismissal To Preserve Appeals
- Trump should have opposed the motion to preserve an argument for dismissal with prejudice on appeal.
- Popok says he would have fought to prevent refiling and to challenge the temporary immunity ruling now.