Main Justice Strategic Dismissals
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Nov 27, 2024 Veteran prosecutors dissect the strategies behind recent legal maneuvers in Donald Trump's cases, highlighting the implications of dismissals without prejudice. They clarify misconceptions around Jack Smith's tactics while examining Judge Merchan's postponement of sentencing. The conversation shifts to Trump's potential self-pardoning and the dynamics within the Department of Justice as they navigate complex legal landscapes. As new leadership appointments loom, the importance of constitutional obligations over personal interests becomes a focal point, all amidst a backdrop of Thanksgiving reflections.
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Dismissal Without Prejudice
- The government moved to dismiss the January 6th case against Trump without prejudice.
- This allows for potential refiling after his presidency, dependent on DOJ policy and legal opinions.
OLC Guidance
- Jack Smith consulted the Office of Legal Counsel (OLC) regarding the case's status.
- The OLC affirmed that the existing guidance on indicting a sitting president applies even to ongoing prosecutions.
Statute of Limitations Ambiguity
- There's a legal ambiguity concerning the statute of limitations during a president's term.
- If prosecution is delayed, the time served as president might be excluded, effectively tolling the statute.