Comment on Jack Smith: Trump Isn’t Exonerated

Jack Smith: Trump Isn’t Exonerated

Jack Smith‘s final report on Donald’s Trump’s attempt to steal the 2020 election doesn’t contain much new information, but what timing it has. Released around 1 a.m. Tuesday—less than a week before Trump’s inauguration—the document takes aim at Trump’s and his lawyers’ contention that the end of Smith’s prosecution amounts to the “complete exoneration” of the president-elect. “That is false,” Smith writes in a letter included with report, pointing out that the cases against Trump were dismissed not because he was acquitted, but simply because he won an election. Smith makes it as clear as he can that the sole reason he dropped the January 6 case—along with the separate case regarding Trump’s attempts to hang on to classified documents he removed from the White House—was a Justice Department policy that bars prosecuting a sitting president. “The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President 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,” the special counsel, who resigned last week, wrote in the concluding lines of the report.

 

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