This is all very confusing. Mueller She Wrote said that dismissing the charges made against a private citizen who has been elected to office (but hasn't taken it yet) may allow them to be refiled if that private citizen becomes a private citizen again at the end of his term in office.
True. Both sets of cases are protected as best as possible under the circumstances and CAN proceed —
(1) sentencing in TFG’s NY hush money trial &
(2) re-filing of DOJ’s 2 criminal cases for election interference & the classified dox case —
IF he’s ever out of power/protection.
“Smith’s team emphasized that the move to end their prosecutions was not a reflection of the merit of the cases but a recognition of the legal shield that surrounds any commander in chief.
“That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” prosecutors said in one of their filings.
“They wrote that Trump’s return to the White House
👉“sets at odds two fundamental and compelling national interests:
👉on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities . . .
👉and on the other hand, the Nation’s commitment to the rule of law.”
Like Jim Stewartson wrote, state power won over the rule of law.
Same AP report:
“In this situation, ‘the Constitution requires that this case be dismissed before the defendant is inaugurated,’ they concluded.
“Smith’s team said it was leaving intact charges against two co-defendants in the classified documents case — Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira — because ‘no principle of temporary immunity applies to them.’
“In dismissing the case, Chutkan acknowledged prosecutors’ request to do so “without prejudice,” raising the possibility that they could try to bring charges against Trump when his term is over. She wrote that is “consistent with the Government’s understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office.”
“But such a move may be barred by the statute of limitations, and Trump may also try to pardon himself while in office.
“The separate case involving classified documents had been widely seen as legally clear cut, especially because the conduct in question occurred after Trump left the White House and lost the powers of the presidency.
“The indictment included dozens of felony counts accusing him of illegally hoarding classified records from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructing federal efforts to get them back. He has pleaded not guilty and denied wrongdoing.@
Not how I wanted to spend my old age. As always, thanks for your work, Jim. And thanks to the community here. Your comments help me get through the day. I haven't had to take blood pressure meds so far. Who knows if anyone will be able to get any medication in the coming years. Sigh. Take care, all.
Thank you for any comment on this pivotal day, as it is always good to hear from you regardless of circumstances. Status here: feeling very empty this afternoon. 💜to you and yours.
Trump doesn't play by our rules but our people seem to still have rules to play by. Trials may be out but w sooo much taxpayer money spent on this, at least share all info w taxpayers. So even maga knows what he did in spite of trumps constant lies
This is all very confusing. Mueller She Wrote said that dismissing the charges made against a private citizen who has been elected to office (but hasn't taken it yet) may allow them to be refiled if that private citizen becomes a private citizen again at the end of his term in office.
True. Both sets of cases are protected as best as possible under the circumstances and CAN proceed —
(1) sentencing in TFG’s NY hush money trial &
(2) re-filing of DOJ’s 2 criminal cases for election interference & the classified dox case —
IF he’s ever out of power/protection.
“Smith’s team emphasized that the move to end their prosecutions was not a reflection of the merit of the cases but a recognition of the legal shield that surrounds any commander in chief.
“That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” prosecutors said in one of their filings.
“They wrote that Trump’s return to the White House
👉“sets at odds two fundamental and compelling national interests:
👉on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities . . .
👉and on the other hand, the Nation’s commitment to the rule of law.”
https://apnews.com/article/trump-capitol-riot-justice-department-jack-smith-d6172cf98d8e03e099571c908267456c
Like Jim Stewartson wrote, state power won over the rule of law.
Same AP report:
“In this situation, ‘the Constitution requires that this case be dismissed before the defendant is inaugurated,’ they concluded.
“Smith’s team said it was leaving intact charges against two co-defendants in the classified documents case — Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira — because ‘no principle of temporary immunity applies to them.’
“In dismissing the case, Chutkan acknowledged prosecutors’ request to do so “without prejudice,” raising the possibility that they could try to bring charges against Trump when his term is over. She wrote that is “consistent with the Government’s understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office.”
“But such a move may be barred by the statute of limitations, and Trump may also try to pardon himself while in office.
“The separate case involving classified documents had been widely seen as legally clear cut, especially because the conduct in question occurred after Trump left the White House and lost the powers of the presidency.
“The indictment included dozens of felony counts accusing him of illegally hoarding classified records from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructing federal efforts to get them back. He has pleaded not guilty and denied wrongdoing.@
Not how I wanted to spend my old age. As always, thanks for your work, Jim. And thanks to the community here. Your comments help me get through the day. I haven't had to take blood pressure meds so far. Who knows if anyone will be able to get any medication in the coming years. Sigh. Take care, all.
*in advance
Thank you for any comment on this pivotal day, as it is always good to hear from you regardless of circumstances. Status here: feeling very empty this afternoon. 💜to you and yours.
Goddamnit Jack! Why the fuck are you obeying advance?
Trump doesn't play by our rules but our people seem to still have rules to play by. Trials may be out but w sooo much taxpayer money spent on this, at least share all info w taxpayers. So even maga knows what he did in spite of trumps constant lies
Since the election I haven't seen any news about Michael Flynn. How does he fit into tRumps plan?