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Jack Smith is Done, 2x Motion to Dismiss [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2024-11-25  

Elections have consequences and those consequences include Trump having both Federal cases against him dismissed.

The documents case had already been dismissed by Judge Cannon with her ORDER GRANTING MOTION TO DISMISS SUPERSEDING INDICTMENT BASED ON APPOINTMENTS CLAUSE VIOLATION, but the Government had originally appealed that case to the Eleventh Circuit:

Criminal Appeal Docketed - Notice of Appeal — Document #1 , Attachment #1

Now however, the Government has moved to dismiss the appeal:

MOTION TO DISMISS THE APPEAL AS TO DONALD J. TRUMP

As for the election interference case being heard in the District Court, District of Columbia, Docket Number: 1:23-cr-00257, the Government has now moved to dismiss the case:

GOVERNMENT’S MOTION TO DISMISS

Marcy @ emptywheel is already out with a first pass at some commentary:

“Without Prejudice:” Jack Smith Moves to Dismiss the DC Case Jack Smith has moved to dismiss the DC case against Donald Trump. OLC has found that the categorical prohibition on the federal indictment of a sitting President means DOJ cannot sustain the indictment against Trump.

Hard to believe, but there it is.

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[1] Url: https://dailykos.com/stories/2024/11/25/2288632/-Jack-Smith-is-Done-2x-Motion-to-Dismiss?pm_campaign=front_page&pm_source=more_community&pm_medium=web

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