WASHINGTON — A year after the assault on the U.S. Capitol on January 6, 2021, Attorney General Merrick Garland reaffirmed the Justice Department’s intention to ensure accountability for all the individuals involved in what he described as “the assault on our democracy.” However, this commitment does not extend to Donald Trump.
On Monday, special counsel Jack Smith announced the decision to withdraw the federal case concerning election interference against Trump, leaving a jury without the opportunity to evaluate whether the former president is criminally liable for attempting to retain power after his defeat in the 2020 election. The end of this electoral interference case, along with the separate classified documents lawsuit, signifies a sudden cessation of the Justice Department’s unprecedented legal endeavor that had once posed serious risks to Trump’s freedom but seems only to have strengthened his base of supporters.
With these legal challenges dismissed, the most significant threats to Trump as he pursues another presidential term have dissipated. This retreat from pursuing serious charges comes after months of defensive tactics employed by Trump’s legal team to prolong the proceedings and exploit the legal battles for political leverage, shifting the final authority from juries to voters instead.
“While it has long been understood that wealth and power can confer certain advantages, few would have imagined someone could extricate themselves from such significant legal jeopardy,” remarked Stephen Saltzburg, a law professor at George Washington University and former Justice Department employee. “Trump has certainly become the quintessential Teflon defendant.”
Although prosecutors mentioned that there remains a possibility of re-filing federal charges against Trump in the future, particularly after he leaves the presidency, such an outcome appears doubtful. Concurrently, Trump’s recent presidential triumph has raised questions regarding two ongoing state cases against him in New York and Georgia. Trump was expected to face sentencing on Tuesday following his conviction for 34 counts of felonies related to hush money in New York; however, sentencing may be postponed until after he leaves office, with his defense team pushing to have the case dismissed entirely.
Smith’s office emphasized that the decision to drop the federal cases did not reflect any judgment about the validity of the charges, but rather an acknowledgment of the long-standing policy of the Justice Department, which stipulates that sitting presidents cannot be criminally prosecuted.
The implications of Trump’s recent electoral victory put two contrasting national priorities at odds: the Constitution’s directive that a president must fulfill his substantial obligations without undue obstruction, juxtaposed with the nation’s dedication to upholding the rule of law, as detailed by prosecutors in court filings.
The timing of this closure, soon after Trump’s election over Vice President Kamala Harris, emphasizes the personal significance of this election to Trump, who successfully turned his legal predicaments into a political issue. Trump has accused prosecutors of bringing charges to obstruct his path to the presidency, vowing to retaliate against those he perceives as adversaries should he win a second term.
“If Donald J. Trump had lost an election, he might have faced the prospect of spending the rest of his life behind bars,” noted Vice President-elect JD Vance in a social media commentary. “These legal proceedings were inherently political. Now it’s crucial to ensure that occurrences like those faced by President Trump are never repeated in this country.”
Following the January 6 riot, which resulted in injuries to over 100 police officers, Republican leader Mitch McConnell and other Republicans who previously acquitted Trump during his impeachment trial expressed that it was up to the legal system to ensure accountability for Trump.
The accusations brought forth in the January 6 case last year in Washington claimed there was a desperate criminal conspiracy to undermine voter choice after Trump’s defeat, alleging that Trump leveraged the agitated mob that stormed the Capitol as “a tool” to pressure then-Vice President Mike Pence and obstruct the certification of Joe Biden’s victory.
Hundreds of individuals involved in the January 6 riot, many of whom stated they felt summoned to Washington by Trump, have pleaded guilty or been convicted of federal charges at the same courthouse where Trump was due to stand trial. As the trial approached, preparations were in motion at the courthouse overlooking the Capitol for the influx of media anticipated to cover this historical legal matter.
However, Trump’s assertion of absolute immunity from prosecution complicated the case, stalling it through appeals to the Supreme Court. The Supreme Court ruled in July that former presidents enjoy broad immunity from prosecution, sending the case back for determination of which allegations could proceed. Ultimately, the case was dismissed before the trial court could assess it.
Another indictment filed in Florida accused Trump of mishandling sensitive documents related to national security while at his Mar-a-Lago estate, along with accusations of obstructing justice by concealing records sought by investigators and showing off classified materials.
Nevertheless, U.S. District Judge Aileen Cannon dismissed this case in July, stating that Smith’s appointment was unlawful. Although Smith initially appealed this decision to the Eleventh Circuit Court of Appeals, he ultimately abandoned the appeal on Monday. Smith’s team also stated they would pursue the revival of charges against Trump’s two co-defendants, asserting that “no principle of temporary immunity applies to them.”
In New York, jurors were presented with evidence this past spring regarding an alleged scheme involving Trump to illegally influence the 2016 election via hush money payments to an adult film star with whom he was said to have had an affair. New York prosecutors showed willingness to postpone sentencing until after Trump’s potential second term, while Trump’s legal team is actively seeking to overturn the conviction entirely.
In Georgia, simultaneous proceedings while Trump remains in office seem improbable in a case that charges him and numerous others with plotting to overturn the results of the 2020 election in the state. Progress in this case has been stalled as an appeals court examines whether to remove Fulton County District Attorney Fani Willis due to her romantic involvement with the special prosecutor assigned to lead this case.