‘Pathetic cowardice…’: Trump’s January 6th case is outrageously dismissed

In a disappointing move for accountability, special counsel Jack Smith has filed motions to dismiss the federal cases against Donald Trump relating to his attempts to overturn the 2020 election and mishandling classified documents.

Smith was appointed special counsel in 2022 and tasked with overseeing investigations into Trump’s conduct. Specifically, he investigated Trump’s handling and storage of classified documents and his refusal to accept the 2020 election results, which ultimately led to the violent January 6 attack on the Capitol. Smith’s investigation led to Trump being indicted on several federal charges, making him the first former or serving president to face such charges. However, the case quickly hit a roadblock when the Supreme Court ruled the president had partial immunity from prosecution. It ruled he was protected from prosecution for official acts but could be prosecuted for unofficial acts as president. Hence, the case had to go back to the lower courts to determine which of his acts were considered official or unofficial. Such complications and delays ensured Trump didn’t go to trial before Election Day.

When Trump was re-elected president, it instantly jeopardized the federal cases since the Justice Department’s policy stipulates that it cannot prosecute a sitting president. Many anticipated the cases would have to be dropped.

Jack Smith officially moves to dismiss Trump’s federal charges

On November 24, Smith officially filed a motion to dismiss the election interference and classified documents cases against Trump. He used the Department of Justice’s policies as the reason for dismissal, noting the policies meant the cases “must be dismissed before the defendant is inaugurated.” However, he also emphasized that the policy was the sole reason for dismissing the cases. He explained the 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.”

Smith also noted the complicated nature of the case in his motion. On the one hand, there’s the “Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities.” On the other hand, there’s “the nation’s commitment to the rule of law and the longstanding principle that ‘[n]o man in this country is so high that he is above the law.'” While dropping the cases against Trump, charges still stand for two co-defendants named in the classified documents case, Trump’s valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, as they don’t have the same protections as him. In both cases, Smith requested that the cases be dismissed without prejudice, meaning he may have an opportunity to refile when Trump no longer has the protections of the presidency.

Many have expressed disappointment with Smith’s motion, although it was anticipated. One X user lamented that “Donald Trump gets away with it again” and slammed the “pathetic cowardice and incompetence” of those involved in the case. Smith’s investigations and indictments gave the country hope that justice would be served, making it difficult to watch the case come to an end, even if only temporarily.

Trump will be further emboldened by this dismissal, which sets a terrible precedent for future presidents by suggesting they may be above the law. As much as Americans want to blame Smith and the Department of Justice, they need to recognize that policy largely tied their hands. The real reason this dismissal occurred and Trump evaded justice is because millions of Americans elected him to the presidency, even while knowing full well the pending federal criminal charges against him and the protections he’d gain from re-election.