Ben Weingarten Federalist Senior Contributor; Claremont Institute Fellow
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Opinion

Jack Smith drops Trump cases, but witch hunt may not be over

Ben Weingarten Federalist Senior Contributor; Claremont Institute Fellow
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The judge overseeing President-elect Trump’s federal election interference case dismissed the charges after special counsel Jack Smith recommended they be dropped, citing a Justice Department policy barring the prosecution of a sitting president. Smith also moved to drop his appeal in the classified records case against Trump, which was dismissed in July 2024 by Trump-appointed federal Judge Aileen Cannon. Both cases were dismissed “without prejudice” — meaning charges could theoretically be refiled after Trump finishes his second term as president, although the statute of limitations will have expired on all charges by the end of Trump’s second term.

In the video above, Straight Arrow News contributor Ben Weingarten expresses concern regarding a potential refiling by the “lawfare inquisitionists” once Trump completes his second presidential term. Weingarten says that while the president-elect should address these past injustices, he should do so without spending excessive resources.


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The following is an excerpt from the above video:

In his motion to dismiss the so-called Jan. 6 case, Smith was not only wholly unrepentant for having brought the case, subjecting President Trump and the country to the sham and interfering in the election, but he left what many have categorized as a sword of Damocles hanging over Trump and with it the rule of law.

Smith explained that he only dismissed the case because Trump was elected president, and the DOJ Office of Legal Counsel advised that the Constitution requires that this case be dismissed before the defendant is inaugurated.

A president couldn’t be indicted, let alone prosecuted, or he would be unable to function under their rationale. Smith emphasized that his dismissal 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. That is — the Biden-Harris DOJ fully affirms its unprecedented, rushed effort to prosecute the candidate the administration was running against, to saddle Trump with a case criminalizing his challenge of an election and holding him criminally liable for the events of Jan. 6.

This was a case, let’s not forget, based on a claim Trump incited an insurrection, a charge they never slapped on him, in a riot that undermined congressional proceedings the president supported, and for which he had called for additional security after he had instructed supporters to peacefully and patriotically protest, and for which he faced novel charges that would have the effect of chilling constitutionally protected political activities.

Not only did Jack Smith show no contrition, but he doubled down by dismissing the case without prejudice, suggesting that after a temporary immunity period during Trump’s presidency, the case could be revived. In other words, Jack Smith, and by extension, the Biden- Harris DOJ, are undeterred. They want to move full speed ahead with this witch hunt in just four short years.

Among the many things we have to be thankful for this holiday season is that the law fare inquisitionists have been forced to stand down, sparing the rule of law from total evisceration by electing Donald Trump as the 47th president, the American people rendered their verdict on the weaponization and abuse of the justice system to criminalize the political opposition. The country rejected it resoundingly, and so special counsel Jack Smith has now dropped the two federal cases against President elect Trump. We should celebrate these victories over tyrannical Republic threatening persecutions, yet by the same token, we should recognize they were not unqualified wins for the country. In his motion to dismiss the so called January 6 case, Smith was not only wholly unrepentant for having brought the case, subjecting President Trump and the country to the sham and interfering in the election, but he left what many have categorized as a sword of Damocles hanging over Trump and with it the rule of law. Smith explained that he only dismissed the case because Trump was elected president, and the DOJ Office of Legal Counsel advised that the Constitution requires that this case be dismissed before the defendant is inaugurated. A President couldn’t be indicted, let alone prosecuted, or he would be unable to function under their rationale, Smith emphasized that his dismissal 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. That is the Biden Harris DOJ fully affirms its unprecedented, rushed effort to prosecute the candidate the administration was running against, to saddle Trump with a case criminalizing his challenge of an election and holding him criminally liable for the events of January 6. This was a case, let’s not forget, based on a claim Trump incited an insurrection, a charge they never slapped on him in a riot that undermined congressional proceedings the President supported, and for which he had called for additional security after he had instructed supporters to peacefully and patriotically protest, and for which he faced novel charges that would have the effect of chilling constitutionally protected political activities. Not only did Jack Smith show no contrition, but he doubled down by dismissing the case without prejudice, suggesting that after a temporary immunity period Trump’s presidency, the case could be revived. In other words, Jack Smith and by extension, the Biden Harris DOJ are undeterred. They want to move full speed ahead with this witch hunt in just four short years, they further communicated this message in calling for the dismissal of the so called documents case, the one in which judge Eileen cannon had ruled that Jack Smith was unlawfully appointed and therefore that the case should be tossed. Smith dropped his appeal in that instance with respect to Donald Trump, for the same reason, he dropped the January 6 case that Trump was elected president, but Smith is continuing his appeal with respect to the two other defendants in that case, because unlike defendant Trump, no principle of temporary immunity applies to them, so he isn’t fully throwing in the towel. This is to say nothing of the fact that the trumped up Frankenstein’s monster of a case, the so called hush money case in New York, may also hang over Donald Trump like a sword of Damocles, persisting after his presidency, and that the Fulton County case, too has not fully died. In other words, these are as yet partial victories. The cases are collapsing, but they are not fully gone, and in fact, may only be temporarily impaired to make them lasting victories. The cases must not only be dismissed in their entirety without caveats, but action must be taken to ensure such law fare political warfare masquerading as legitimate legal inquiries never happens again. Innocent lives were ruined. Finances were destroyed, reputations sullied, psyches left shattered by the hyper politicized and weaponized law enforcement apparatus sicked on not just Trump or those in his orbit, but faithful Catholics, devoted parents and pro lifers. To rectify this, to at least partially rectify it, the incoming administration, with Congress’s help, should investigate and punish to the fullest extent of the law, if relevant, those who in pursuing these cases may have committed crimes or conspired to commit such crimes, including violating the rights of the targeted exactly what they claim their targets did. Criminal records ought to be expunged and restitution paid to the victims of the law Fader, Dragnet, the Trump administration, working hand in hand with Congress, may also have to enact laws harshly punishing such hyper politicization and weaponization to further deter any such future acts, if corrupt, if not criminal, offenses go unexposed and their perpetrators face no justice. It will guarantee future injustices to the detriment of every American protected by our justice system. The challenge for the Trump administration will be in doing what need be done to restore justice in this country, while not expending so much political capital, time and resources on those efforts, which will, of course, be savage by the media and fought to the nth degree in the courts, such that it diverts from the other critical elements of the agenda. It will require prudence and leadership to both rectify the wrongs done. And then have reconciliation on the back end so.

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