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Judge #Chutkan tosses #Trump 2020 #ElectionInterference case after prosecutors' request
A US judge on Monday dismissed the federal #criminal case accusing Trump of attempting to overturn his #2020election defeat after prosecutors moved to drop that prosecution & a second case against the president-elect, citing #DOJ policy against prosecuting a sitting president.
#democracy #Jan6 #insurrection #law #justice
https://www.reuters.com/world/us/us-prosecutor-smith-asks-judge-dismiss-2020-election-subversion-case-against-2024-11-25/
The order from #Chutkan puts an end to the federal effort to hold #Trump criminally responsible for his attempts to hold onto #power after losing the #2020election, culminating in the #Jan6, 2021 violent #insurrection at the #US Capitol by a mob of his supporters.
The move came after #SpecialCounsel #JackSmith …moved to dismiss the #ElectionInterference case & end his attempt to revive a separate case accusing Trump of illegally retaining #ClassifiedDocuments when he left office in 2021….
It represents a big legal victory for #Trump, who won the Nov 5 #US election & is set to return to office on Jan 20.
The #DOJ policy that the prosecutors cited dates back to the 1970s. It holds that a #criminal prosecution of a sitting president would violate the US #Constitution by undermining the ability of the country's *chief executive* to *function*. Courts will still have to approve both requests from prosecutors.
The prosecutors in a filing in the #ElectionSubversion case said the #DOJ’s policy requires the case to be dismissed before #Trump returns to the White House.
"This outcome is not based on the merits or strength of the case against the defendant," prosecutors wrote in the filing.
@Nonilex it isn’t dismissed though, it’s withdrawn. This means double jeopardy doesn’t apply should trump still be on the top of the grass when his term ends.
I sure hope Jack Smith's salary was worth selling out the rule of law and hastening the destruction of America.
#AboveTheLaw
Hopefully the case is refiled in 2029
@Nonilex
The orange motherfucker will be dead by then.
We will never see justice. Never. And the fault lies with Garland and Biden. Their legacy will be allowing the destruction of democracy in America because they were too afraid of "looking partisan."
@MsMissy @JonChevreau Need to ask Garland. Smith doesn’t have any choice.
@Nonilex Didn’t the same Constitution prohibit insurrectionists from running again for highest office??
No, the Constitution didn't prohibit them from RUNNING--sec. 3 of the 14th Amendment prohibits them from HOLDING OFFICE. Not that anyone is likely to do anything about it. The Powers That Be only care about the 2nd Amendment and occasionally, when it suits them, the 1st.
x8 + 
) @JonChevreau @Nonilex Please don't ignore the radical RW SCOTUS and their actions to immunize #Trump and prevent any rules like the 14th Amendment from having any effect on him. Constitution? It seems like SCOTUS makes up its own rules. Not okay!!
The dodo bird known as djt is nevertheless p. Offed and intends to launch investigation into 2020 rather than shut up and take the win. He will manufacture crap and there were go. More B.S.