An attorney and former U.S. Army prosecutor has voiced his frustrations after the charges against President-elect Donald Trump regarding his involvement in the Jan. 6 US Capitol Riots were dropped.
On Monday, Special Counsel Jack Smith sought to dismiss the charges against Trump, with a judge then dropping the charges upon his request.
"The Government has moved to dismiss the Superseding Indictment without prejudice," U.S. District Judge Tanya Chutkan wrote in a decision. "Defendant does not oppose the Motion...and the court will grant it."
Glenn Kirschner, a former federal prosecutor who works as a legal analyst for NBC News and MSNBC, published a video onto his YouTube channel voicing his frustrations with the situation.
The video, entitled "Jack Smith Dismisses Trump's Federal Criminal Cases "Without Prejudice." Here's What That Means," aims to explain the case against the President-elect to the layman viewer.
"With Special Counsel Jack Smith moving to dismiss both of Donald Trump's federal criminal cases, it sort of feels like the rule of law has died," said Kirschner. "But it might be more accurate to say that the rule of law has been put into a Trump-induced coma."
Kirschner proceeded to explain the charges against the President-elect using a New York Times article covering the case. He indicates that Smith, who intends to step down as Special Counsel once Trump takes office, dropped the charges against Trump in deference to the Department of Justice's Office of Legal Counsel (OLC) memorandum in which it is determined "unconstitutional" to prosecute a sitting President.
Kirschner further points out how Smith explains that this dismissal does not preclude Trump from future prosecution after leaving office near the end of the motion document. He indicates that, because the motion was dismissed without prejudice instead of with prejudice, the case can be re-brought to court.
"Immunity from prosecution for a sitting President would not preclude such prosecution once the President's term is over or he is otherwise removed from office by resignation or impeachment," says the motion.
However, Kirschner goes on to indicate that by the time Trump leaves office, his crimes will be well beyond the statute of limitations, further preventing him from being tried for his crimes. He believes this can be thwarted by the argument that the statute of limitations pauses for an individual while they are a sitting President.
"The Constitution, as interpreted by the Department of Justice's Office of Legal Counsel, makes it unconstitutional to prosecute a sitting criminal President, but we can prosecute him once he leaves office," said Kirschner.
"Therefore, the statute of limitations pauses. It stops. It is stayed during the period of time Donald Trump is President. Therefore, our time to prosecute him has not run out." continued Kirschner.
Kirschner recognizes that there is no law preventing a sitting President from being prosecuted, stating that it is just Department of Justice policy. However, he expressed a hope that the case against Trump will be pursued at the end of his second presidential term.
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