And Donald J. Trump’s gamble pays off…..
He IS STILL IS a convicted felon …..
He still could be subjected a trial in Georgia, though that is remote….
The special counsel, Jack Smith, asked a federal judge in Washington on Monday to formally dismiss the indictment charging President-elect Donald J. Trump with plotting to subvert the 2020 election, bowing to the reality that Justice Department policy forbids pursuing prosecutions against sitting presidents.
Minutes after the filing in Washington, Mr. Smith made a similar filing to an appeals court in Atlanta, ending his attempts to reverse the dismissal of the other federal case against Mr. Trump — the one in which he stood accused of illegally holding on to classified documents after he left office. In that case, however, prosecutors said they intend to continue prosecuting Mr. Trump’s two co-defendants.
The requests by Mr. Smith were his final acknowledgment that after two years of courtroom drama, prosecutors will not be able to hold Mr. Trump accountable for his efforts to undo the results of the 2020 presidential election as he prepares to re-enter the White House.
The department’s policy that sitting presidents may not be prosecuted “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,” Mr. Smith wrote. “Based on the department’s interpretation of the Constitution, the government moves for dismissal without prejudice of the superseding indictment.”
Even in seeking a dismissal of the case, Mr. Smith’s filing held out the possibility that the charges could be refiled again after Mr. Trump completes his term in office….
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