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Federal prosecutions against Donald Trump end, vagueness remains

Leo Tichelli

San Francisco

Published on November 26, 2024 at 06:49. / Modified on November 26, 2024 at 08:16.

It is a long soap opera that ended Monday with the decision of special prosecutor Jack Smith to drop the federal charges against Donald Trump, a decision which was followed by the judge in charge of the case Tanya S. Chutkan. This trial which never took place kept the United States, and especially the president-elect, in suspense throughout this year of campaigning, ultimately leading to nothing, or almost nothing. The end of the prosecution for attempting to overturn the result of the 2020 election leading in particular to the insurrection at the Capitol on January 6, 2021, or for having kept classified documents at Mar-a-Lago, does not, however, amount to the innocence of the billionaire or the absence of incriminating elements, on the contrary.

This abandonment is solely motivated by the unique situation in which both the Department of Justice and Donald Trump himself find themselves, namely being once again tenant of the White House at the end of next January. Jack Smith, in his motion, specifies that this decision in no way changes “the seriousness of the crimes charged, the strength of the evidence provided by the government or the merits of the prosecution, which the government fully supports”. Returning to the Oval Office, he will benefit from presidential immunity, knowing that federal indictment and criminal proceedings against a sitting president are contrary to the practice of the Department of Justice.

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