🚨 DOJ Makes BIGGEST DECISION on Trump Case

special councel Jack Smith just made a. major filing in the Washington DC. criminal case against Donald Trump. announcing that the Department of. Justice will be dismissing the criminal. case against Donald Trump in federal. court I'd like to read uh for you all. the government's motion to dismiss and. then I want to hear from Karen fredman. agnf who was previously the number two. at the Manhattan District Attorney's. office this is from the government's. motion to dismiss the federal criminal.

charges against Donald Trump connected. with the January 6th Insurrection this. case was in Washington DC as a result of. the election held on November 5th 2024. the defendant Donald J Trump will be. inaugurated as president on January 20th. 2025 it has long been the position of. the Department of Justice that the. United States Constitution forbids the. Federal indictment and subsequent. criminal prosecution of a sitting. president but the department and the.

have never faced the circumstances here. where a Federal. indictment against a private citizen has. been returned by and a criminal. prosecution is already underway when the. defendant is elected president. confronted with this. unprecedented situation The Specialist. consulted with the Department of. Justice's office of legal counsel olc. whose interpretation of the. Constitutional questions such as those. raised here is binding on Department. prosecutors after careful consideration.

the department has determined that olc's. prior opinion concerning the. Constitution's prohibition on Federal. indictment and prosecution of a sitting. president apply to this situation and. that as a result this prosecution must. be dismissed before the defendant is. inaugurated that prohibition 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.

based on the Department's interpretation. of the Constitution the government moves. for dismissal without prejudice of the. superseding indictment under Federal. rule of criminal procedure 48a the. government has conferred with defense. councel who does not object to this. motion Karen frean nifo your immediate. response look you know we knew this day. was coming it's such a shame that it has. to come and at a minimum though it's I. guess if you're looking for any lining.

they said it's without prejudice which. means that they theoretically could. bring the case in the future when Donald. Trump is no longer president however in. reality that'll never happen because. he's surely or likely going to Pardon. himself the only thing that I thought. was slightly odd was that very last. sentence that you read where it said the. government has conferred with defense C. with defense Council who who does not. object to this motion and and the fact.

that they wouldn't object that it's uh. without dismissal without prejudice. that's a term of art Ben that they use. in Le in the legal world that you. dismiss something either with prejudice. or without prejudice if it's dismissed. with prejudice because only a court can. dismiss a case so this is a motion. you're moving the court you're asking. the court to dismiss the case and so. really this is a joint motion because. the defendant doesn't object and it's a. joint motion to dismiss without. prejudice meaning you could bring it.

again in the future because if it's a. dismissal with prejudice that's. considered Double Jeopardy you can no. longer bring that in the future and so. at a mo for a moment you'd say well why. would the defense agree to that why. would the defense Council agree to that. you'd think they'd want a. dismissal uh with prejudice and the. answer is of course he's going to Pardon. himself or you know somehow orchestrate. something so that that happens and and. so so that's what's going on here this. case is essentially we knew that would.

have to happen once uh once Trump is. elected what this means is Jack Smith is. going has already finished uh wrapping. up the case wrapping up the boxes. categorizing things filing things it. means he's written his motion to the or. his his report that he that by Statute. as a special counsel he has to send over. to Merck Garland all that's been done so. he's ready today to move the court to.

dismiss it without prejudice sure the. court is going to do it and that's where. we are that this is with the Washington. DC case the Jan 6 case and of course. then there's the maralago documents case. that was already dismissed but it's on. appeal and the question is will they. withdraw the appeal the reason that. one's slightly different is there's two. other defendants in that case right. waltin NAA and Carlos deiva so it's. unclear what they'll do there if they'll.

move to dismiss the whole case or. withdraw the appeal I should say with. the whole case or just to Donald Trump. um one other thing I just wanted to say. is for people wondering what's the. office of legal council or olc it's sort. of the definitive uh the definitive Law. Office of the White House and it's the E. it it provides advisory opinions on what. things mean and what things don't mean. they advise the president and it's it's. kind of the the law firm of the. presidency and so since.

uh is with respect to a sitting. president or a future sitting president. or or an elected president uh it's it's. something they had to confer with the. office of legal counsel and that would. be binding on the Department of Justice. since it's all part of the executive. branch can we geek out for a minute on. something I think it's going to be. helpful for you it's called fatty 15 its. co-founder Dr Stephanie Vin Watson. discovered C15 as the first essential. fatty acid to be found in 90 years while. working with the US Navy to improve the.

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f5.com Midas meid D use that code Midas. that checkout. M Karen when you read this motion to. dismiss filed by special counsel Jack. Smith you see how reluctant he was like. you literally see the tension in his. writing as he says the things like you. know the gravity of the crimes charg the. strength of the government's proof the. merits of the prosecution that this.

should not be construed as in any way. conceding that this wasn't anything but. one of the strongest possible cases that. existed but we are bound Now by this. precedent within the department and the. Constitution that when somebody is. elected to the highest office in the. land that the case gets dismissed I mean. you literally see it jumping off the. paper yeah I agree with you it's this is. a a tortured thing look Jack Smith is. somebody who I used to work with Year.

many years ago we both worked at the. Manhattan DA's office together he's a. always been a prosecutor he's never been. in the private sector he was a federal. prosecutor then a war crimes prosecutor. now a special prosecutor this is. something that's clearly very difficult. for him to do to dismiss a case against. somebody who he spent the last almost. two years compiling a a uh an. investigation and prosecution into a. former sitting president he brought. brought this 4 count indictment then.

they had to supersede the indictment. they've been litigating it up and down. and sideways he's had to endure death. threats uh and frankly this is uh he had. to deal with the United States versus. Trump case making the president immune. for certain things I mean A lot's been. going on in this case and Jack Smith. who's just a prosecutor's prosecutor. he's not someone with an agenda despite. having worked with him and knowing him I. couldn't tell you what political party. he belongs to he's not a political guy. he's really someone who's public servant.

and wants to do the right thing and you. can tell as you pointed out Ben this is. torture for him to have to do when. you're you have a serious case and you. have to dismiss it you have no choice. but he's that's that's Jack Smith right. he's not going to wait he's not going to. just fight it he's the guy who's going. to do the right thing and when he is. told this is what you have to do he's. going to do it that that's how he is so. he he's not someone who's going to claim. that this is false or rigged or didn't. happen. or fight it and then lose in the courts.

he he's not that guy he's he's a guy. he's a man of integrity and he and he's. a public servant and and we should all. thank him for his service in doing this. you know I want to remind everybody as. well that special Council Jack Smith did. everything that he could possibly do. right I mean he was called if you want. to blame anyone on the delay of bringing. the prosecution it's definitely not. special counsel Jack Jack Smith special.

counsel Jack Smith was brought in um he. accepted the assignment when it was. given to him he did everything that he. could to expedite these proceedings. right he did everything he could went to. the Supreme Court y all remember back in. December of 2023 saying look this is so. critical that you hear these issues on. absolute immunity now the Supreme Court. said no um then the Supreme Court. delayed until the last possible time and.

you know look the Supreme Court created. an entirely new legal Doctrine for. Donald Trump that never existed in legal. textbooks before called absolute. immunity and not only did they make that. ruling but you got to go back to how the. Supreme Court really uh structured it's. a nice way of putting it their calendar. to make sure that all possible delays. could be afforded to Donald Trump and I. understand that there's um a lot of. people though who will and have.

expressed frustration at merri Garland. and I think that's we'll do that in. another video perhaps but in terms of. Jack Smith's role Jack Smith was called. to duty he came over here um from a. being a war crimes prosecutor did his. job was aggressive did everything that. was asked of him one where it came to. all of the legal arguments he could. control um but ultimately I think people. are seeing here um the profound flaws in.

a uh different tier justice system and. it's not the type of different tier. justice system that Trump and Maga rails. on when they're the beneficiaries of. that over and over again Karen last. words from. you yeah look you know we still I'm. still wondering what this means for the. Manhattan da case and what how they're. going to interpret this because one of. the things this talks about is this. isn't just the indictment but it's also. the prosecution and and the suprem. clause also apply will make whatever.

decision the olc says apply to the. states meaning the Manhattan de's office. I think because the prosecution's over. and it's just time for sentencing uh. hopefully that will be a different. analysis but that was my first question. is what does this mean for the Manhattan. DA's office so I'm sure we'll find out. in the coming weeks everybody please hit. subscribe let's try to get to 4 million. subscribers here getting accurate sober.

legal assessments is going to be so. critical over the next four years in. particular and whether the news is good. bad or ugly we're going to report it uh. as accurate and detailed as we can for. all of you Karen Freeman an niilo thank. you very much and also make sure you. subscribe to the legal AF um podcast and. while you're at it check out Midas. plus.com thanks everybody for watching. love this video make sure you stay up to. date on the latest breaking news and all. things midest by signing up to the mest.

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