Special Counsel Prepares to Drop Trump Prosecutions Amid Presidential Immunity Policy

In a significant development in the legal saga surrounding former President Donald Trump, Special Counsel Jack Smith is reportedly engaging in high-level discussions with the Justice Department to potentially conclude his prosecutions against the newly re-elected President. According to sources close to the matter, this move comes in adherence to a longstanding Department of Justice doctrine that shields a sitting president from criminal prosecution.

Smith was tasked with the high-profile investigation into Trump's conduct, which included the controversial handling of classified documents post-presidency, and attempts to subvert the results of the 2020 Presidential election. His appointment followed amidst a turbulent period marked by political divisions and rounds of legal proceedings that captivated the nation's attention.

The special counsel's campaign against President Trump was marked by two crucial indictments in 2023. On June 8, Trump was charged with retaining classified documents unlawfully, while on August 1, he faced four felony counts over alleged efforts to overturn the 2020 election results. The President consistently pled not guilty to these charges during court proceedings in Florida.

However, this legal contention took a dramatic turn when the Supreme Court granted partial immunity to Presidents, rendering Smith's charges vulnerable amidst the legal ambiguities of presidential accountability. The election subversion case was relegated to lower courts, whereas the case concerning classified documents experienced a shutdown under Judge Aileen Cannon's ruling citing the constitutional inefficacy of Smith's appointment. This legal limbo now places President Trump in a gray zone, potentially exempting him from these specific charges but not absolving future inquiries or non-federal litigations.

Separately, Trump faces sentencing in a criminal hush money case related to payments made to Stormy Daniels, purportedly to safeguard his candidacy in the 2016 election. New York's legal apparatus remains another battlefield, with a pending decision on Trump's obligation to settle a near half-a-billion-dollar judgment for civil fraud, a case led by Attorney General Letitia James.

A considerable legal hurdle looms over Trump with a $90 million liability to E. Jean Carroll for alleged assault and defamation, unaltered by the political resurgence. Carroll's lawyer underscores the verdicts' finality, irrespective of Trump's political standing.

In light of these circumstances, Special Counsel Smith's potential drawdown of prosecution signals how the doctrine of presidential immunity can stymie the legislative checks on executive power, even while civil cases persist in holding individuals accountable, regardless of office.