Forget October surprise, the Judge Chutkan and Jack Smith delivered a wild November surprise on November 25. Smith petitioned the court to dismiss the Trump election interference case and the judge granted it. Kinda.
Trump “election interference” case
Smith got the Trump election interference case dismissed “without prejudice” which means that as soon as he leaves office in 2029, they could actually revive it. It isn’t likely, however, since the statute of limitations should kick in by then. Democrats are pretty good at squeezing and twisting the law to their own ends, but the Supreme Court Immunity decision leaves very little pathway to do that.
Will this presidential election be the most important in American history?
The other issue is that Judge Ailene Cannon ruled that Jack Smith was illegally appointed as a Special Prosecutor, because he was not confirmed by the Senate. Therefore, the Mar-a-Lago classified records case was dumped earlier in the year. Smith is expected to step down prior to January 20. He and several others have been the movers and shakers in real election interference. The Trump election interference case is dead.
The first question would be why Smith is asking for a dismissal without prejudice at this stage of court proceedings. There are already a number of issues with the case in front of Chutkan, especially given the limited immunity recognized by the Supreme Court in Trump v US earlier this year. There are also questions raised about the legitimacy of Smith’s appointment as special counsel, an issue which led to the dismissal of Smith’s indictment in Florida.
An indictment dismissed without prejudice usually means that a prosecutor intends to refile the complaint at some point after resolving technical issues with the case. Smith won’t even be around after January. So what’s the point, especially since the statute of limitation would moot a new indictment anyway? This isn’t a case of suspending a prosecution; the DoJ would have to get a new indictment eight years after the alleged crimes took place. The statute of limitation for most federal crimes is five years.” Ed Morrisey at Hot Air
So there you have it. Democrat hope lives on for the Trump election interference case but has been dashed on the shoals of a huge election win. Their lawfare failed.
