While the federal election-interference case against President-elect Donald Trump will almost certainly be eventually dismissed, several of Trump's critics have expressed disappointment on social media.
Special counsel Jack Smith asked a judge on Friday for additional time to assess how to proceed in the pending case against Trump following his victory in the presidential election this week.
Trump has made no secret of his disdain for Smith, vowing last month that he would fire Smith "within two seconds" of taking office. But in light of Smith's filing on Friday, several of Trump's critics have said that the development is "depressing for those of us who seek justice."
"It's hard for me to explain the depth of sadness I feel about Jack Smith moving to vacate the remaining schedule in the DC case. All that work. All those filings," said a post on the X account for the "Mueller, She Wrote" newsletter and podcast. "And Donald gets to just walk away from accountability. It's profoundly depressing for those of us who seek justice."
It’s hard for me to explain the depth of sadness I feel about Jack Smith moving to vacate the remaining schedule in the DC case. All that work. All those filings. And Donald gets to just walk away from accountability. It’s profoundly depressing for those of us who seek justice.
— Mueller, She Wrote (@MuellerSheWrote) November 8, 2024"Mueller, She Wrote" is a political podcast primarily hosted by Allison Gill, who worked at the United States Department of Veterans Affairs. Gill served Trump a lawsuit in 2023 accusing him of conspiring to fire her from the department during his presidency.
Gill is a longtime Trump critic and has talked about Smith's cases against Trump, as well as his immunity brief, on her podcast multiple times.
The pending federal case against Trump that Smith referenced in his filing relates to his efforts to overturn the 2020 election, as well as his alleged involvement in events leading up to the January 6, 2021 insurrection at the Capitol.
Attorney General Merrick Garland appointed Smith to lead the special counsel investigation in 2022. On August 1, 2023, a grand jury indicted Trump in the District of Columbia US District Court on four charges relating to conspiracy to defraud the United States and obstructing an official proceeding.
Trump has pleaded not guilty to the election-interference charges.
Less than two weeks before Election Day, Trump's lawyers launched a new effort to have the federal election-interference case dismissed, arguing that Smith was illegally appointed. But with Trump's victory in the election, his lawyers likely won't have to follow through on their latest argument, since the case will most likely be tossed out before that.
Now that Trump has been elected the 47th president, Michael McAuliffe, a former federal prosecutor and elected state attorney, told Newsweek that Trump's victory will "almost certainly" result in the Justice Department dismissing the prosecution.
"As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025" Smith wrote in his Friday court filing. "The Government respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy."
Judge Tanya Chutkan, who is overseeing the case, granted Smith's request on Friday.
Smith said in his filing that the government would file a status report in the case by December 2. He added that prosecutors had consulted with Trump's lawyers, "who do not object to this request."
Norm Eisen, a legal analyst and the author of "Trying Trump," posted that Smith should instead be pushing the hearing forward.
This is the opposite of how to oppose autocracy
Evidence & experience counsel that Smith should push forward pending Jan. 20 👉 pic.twitter.com/MzhP05IRzC
"This is the opposite of how to oppose autocracy," Eisen posted. "Evidence & experience counsel that Smith should push forward pending Jan. 20."
Other critics, like Dash Dobrofsky, the host of "The Gen Z Perspective," also aired out their disgust.
Jack Smith just officially brought Donald Trump's January 6th criminal case to a close, even though a grand jury found sufficient evidence to bring an indictment against Trump for the crimes he committed.
Merrick Garland lied. Donald Trump is above the rule of law in America.
"Jack Smith just officially brought Donald Trump's January 6th criminal case to a close, even though a grand jury found sufficient evidence to bring an indictment against Trump for the crimes he committed," Dobrofsky posted. "Merrick Garland lied. Donald Trump is above the rule of law in America."
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