No Prejudice Here: Jack Smith’s Legal Move Keeps Federal Cases Against Trump Waiting In the Wings

Even though both federal criminal prosecutions against President-elect Donald Trump have been dismissed, the charges could return against him again once he leaves office in 2029.

Special counsel Jack Smith had his two cases dismissed without prejudice, meaning they can be renewed in the future. Mr. Trump’s legal team has not moved to have them dismissed with prejudice.

Brian Claypool, a trial lawyer in California, said Mr. Smith moved to dismiss the cases before Inauguration Day because he “wanted to control the narrative and keep these charges alive.”

“Otherwise, Trump would have fired him after the inauguration, then [Trump’s nominee for Attorney General] Pam Bondi would have come in and had all of the charges dismissed ‘with prejudice,’ meaning they are expunged forever and cannot be revived,” Mr. Claypool said. . .

“If a Republican wins in 2028, then the statute of limitations will likely have run on these charges by the time 2032 rolls around. If a Democrat wins in 2028, he/she could have the new Attorney General refile the charges against Trump since he would be a private citizen by then,” Mr. Claypool said in an email to The Washington Times. (Read more from “No Prejudice Here: Jack Smith’s Legal Move Keeps Federal Cases Against Trump Waiting In the Wings” HERE)

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