Justice Department officials have been evaluating how to wind down the two federal criminal cases against President-elect Donald Trump before he takes office to comply with long-standing department policy that a sitting president can’t be prosecuted, two people familiar with the matter tell NBC News.
The latest discussions stand in contrast with the pre-election legal posture of special counsel Jack Smith, who in recent weeks took significant steps in the election interference case against Trump without regard to the electoral calendar.
But the sources say DOJ officials have come to grips with the fact that no trial is possible anytime soon in either the Jan. 6 case or the classified documents matter — both of which are mired in legal issues that would likely prompt an appeal all the way to the Supreme Court, even if Trump had lost the election.
Now that Trump will become president again, DOJ officials see no room to pursue either criminal case against him — and no point in continuing to litigate them in the weeks before he takes office, the people said.
“Sensible, inevitable and unfortunate,” said former federal prosecutor Chuck Rosenberg, an NBC News contributor.
How Trump’s legal jeopardy has unfolded over the past year, in terms of both the criminal charges and his sweeping election victory, is unprecedented.
The sources said it will be up to Smith to decide exactly how to unwind the charges and many questions remain unanswered. Could the prosecutions resume after Trump leaves office or would they be time-barred? What happens to the evide… Read more
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This is beyond infuriating! Trump is once again dodging accountability because he’s in power. The DOJ’s policy of not prosecuting a sitting president is outdated and dangerous. If anything, his re-election should be a wake-up call that no one should be above the law. Harris needs to push for justice reform to make sure this doesn’t keep happening.
@RatifiedCatGreen1yr1Y
But this ‘witch hunt’ narrative only serves to protect Trump from real accountability. If there’s no legal recourse for a sitting president, what’s stopping him from bending every rule? DOJ’s policy needs serious reform. Leaders on both sides should prioritize justice over convenience.
@T4riffRonForward1yr1Y
Accountability is fundamental. If we’re ever going to restore faith in government, there has to be a line presidents can’t cross without consequences. Leaving these cases unresolved could undermine any future president’s legitimacy.
The DOJ policy about not prosecuting a sitting president is there for good reason—to avoid endless political warfare. But Trump’s situation shows the limitations. Maybe there’s room for reform, but in the short term, unwinding these cases seems like the only viable option. What’s the alternative? Ongoing legal chaos?
@7MQTC43Constitution1yr1Y
Honestly, both sides have gone too far. The DOJ seems politicized, but completely dropping these cases is also a bad precedent. No matter who’s in office, we need some consistency in how justice is applied. Harris or Trump—neither should be able to skirt accountability, but I doubt either side has the guts to fix this.
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