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From Fox News: The Justice Department is looking to wind down two federal criminal cases against President-elect Trump as he prepares to be sworn in for a second term in the White House — a decision that upholds long-standing policy that prevents Justice Department attorneys from prosecuting a sitting president.
In making this argument, Justice Department officials cited a memo from the Office of Legal Counsel filed in 2000, which upholds a Watergate-era argument that asserts it is a violation of the separation of powers doctrine for the Justice Department to investigate a sitting president.
It further notes that such proceedings would “unduly interfere in a direct or formal sense with the conduct of the Presidency.”
“In light of the effect that an indictment would have on the operations of the executive branch, ‘an impeachment proceeding is the only appropriate way to deal with a President while in office,’” the memo said in conclusion.
Immediately after Trump’s victory was announced early Wednesday morning, Sen. Lindsey Graham posted the following statement:
“To Jack Smith and your team: It is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall. The Supreme Court substantially rejected what you were trying to do, and after tonight, it’s clear the American people are tired of lawfare. Bring these cases to an end. The American people deserve a refund.”
To Jack Smith and your team:
It is time to look forward to a new chapter in your legal careers as these politically motivated charges against President Trump hit a wall.
The Supreme Court substantially rejected what you were trying to do, and after tonight, it’s clear the…
— Lindsey Graham (@LindseyGrahamSC) November 6, 2024
Fox News noted that Wednesday morning that Trump has promised to fire Smith from the Justice Department once he returns to the Oval Office. However, according to the report, Smith is expected to already be long gone before Trump is inaugurated.
🚨BREAKING: Jack Smith’s prosecution is OVER:
“The DOJ, where Jack Smith works, cannot prosecute a sitting president… Fox News is told that Jack Smith will be gone from his post as special counsel, meaning the cases will be gone before Trump takes the oath of office on January… pic.twitter.com/Gu6u56E0gj
— Charlie Kirk (@charliekirk11) November 6, 2024
Radio host Buck Sexton wrote, “Ending the Jack Smith prosecutions the day after the election is an absolute admission that these were political show trials- and now the show’s over. Cry more, libs.”
Ending the Jack Smith prosecutions the day after the election is an absolute admission that these were political show trials- and now the show’s over
cry more, libs
— Buck Sexton (@BuckSexton) November 6, 2024
JUST IN: The Department of Justice and Jack Smith immediately end their cases against Donald Trump.
The DOJ cited their policy that presidents can’t be prosecuted however it was assumed they would work up until the “last day.”
“What’s interesting here is that the DOJ is moving… pic.twitter.com/TzOKIxSgcF
— Collin Rugg (@CollinRugg) November 6, 2024
CNN also announced that Smith is “in active talks with the Justice Department about how to end the special prosecutions against President Trump.”
Justice Department looking to wind down Trump criminal cases ahead of inauguration https://t.co/EVHPKt8DuW
— Fox News Politics (@foxnewspolitics) November 6, 2024
X user Clint Sauder mockingly wrote, “I would like to thank Fanni Willis, Alvin Bragg, Jack Smith, Roberta Kaplan, and Letitia James for their contributions to the Donald J. Trump re-election effort! Your efforts to prosecute Trump did more to galvanize his support than you could have ever imagined!!!! Thank You!!!”
I would like to thank Fanni Willis, Alvin Bragg, Jack Smith, Roberta Kaplan, and Letitia James for their contributions to the Donald J. Trump re-election effort! Your efforts to prosecute Trump did more to galvanize his support than you could have ever imagined!!!! Thank You!!! pic.twitter.com/vmHmgTOBK6
— Clint Sauder (@Clint_Sauder) November 6, 2024
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