With federal criminal prosecutions against President-elect Donald Trump recently dismissed, one might think the legal circus has finally packed up its tent. However, it turns out the charges could easily pop back up like a game of whack-a-mole once Trump leaves office in 2029. Special counsel Jack Smith, who seems to have made it his mission to keep the Trump legal saga alive, dismissed the cases without prejudice, leaving the door wide open for refiling. Meanwhile, Trump’s legal team has opted not to ask for a dismissal with prejudice—perhaps they’d prefer to keep the options on the table, just in case.
In a rather clever strategic move, Smith chose to dismiss the charges before Inauguration Day, seemingly intent on controlling the narrative and making sure these accusations never fade away from the headlines. Legal experts have weighed in, suggesting that if Trump had fired Smith post-inauguration, his choice for Attorney General, Pam Bondi, might have nipped those pesky charges in the bud for good. Instead, it seems Smith’s approach was less about justice and more about keeping the political drama alive and kicking.
No prejudice here: Jack Smith’s legal move keeps federal cases against Trump waiting in the wings https://t.co/DxKWaBvgSY
— Lori Geishecker (@lorigeishecker) November 29, 2024
The future now appears rocky. If a Democrat wins the White House in 2028, it’s game on for Smith to revive the charges—especially since Trump would be a private citizen by then. The legal landscape grows treacherous, though. While a Republican victory might let the statute of limitations run its course, a continued Democratic presence could lead to a fresh attorney general taking another swing at Trump. The reality? Trump could be 82 years old by the time any of this comes to fruition, making one wonder if Smith envisions his charges dragging on until the Trump family requires special mobility aids to get through the courtroom doors.
The recent dismissals don’t mean Smith’s efforts went entirely unrewarded. His earlier appeals fell short when a Trump-appointed judge dismissed the case based on constitutional grounds. In a classic case of bureaucratic perseverance, Smith sought to keep the ball rolling, even after Trump’s victory in the 2024 election. One can only imagine the special counsel pacing back and forth, figuring out how to justify his actions amidst the legal setbacks.
As of now, Trump remains entangled not only in the federal cases but also in other legal woes, including a judgment from a Manhattan jury on alleged hush payments and ongoing racketeering accusations in Georgia linked to the 2020 election. Postponed sentencing and jury trials seem to be the new normal for Trump, who appears to be the star of a never-ending legal drama. In the world of politics, however, if one intends to throw mud, it helps to keep the target in the crosshairs, and Smith seems to be unwilling to let the mud dry. Far from finished, this saga is likely to follow Trump for the remainder of his career—both in and out of office.