The Office of Legal Counsel (OLC) concluded that its 2000 Opinion's 'categorical' prohibition on the federal indictment of a sitting President applies here, indicating that the case must be dismissed before the inauguration.
While the OLC's position mandates dismissal of the case, it clarifies that this does not imply dismissal with prejudice, suggesting future prosecutions could occur post-presidency.
The Constitution obliges dismissal of the DC case against Trump, but because it does not stipulate prejudicial dismissal, Trump may face charges again if impeached by Congress.
It remains uncertain whether Smith will dismiss the charges against other defendants involved; however, his decision allows for filing a report on his findings.
#legal-analysis #trump-indictment #office-of-legal-counsel #presidential-immunity #constitutional-law
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