All opinions expressed in this article are solely the opinions of the contributors.
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.
Be the first to know when Ben Weingarten publishes a new opinion! Download the Straight Arrow News app and enable push notifications today!
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.
