The special counsel, Jack Smith, has filed motions to dismiss indictments against President-elect Trump, acknowledging DOJ policy that prevents prosecuting sitting presidents. Despite extensive investigations, accountability seems unattainable for Trump over the 2020 election subversion allegations and his retention of classified documents. The DOJ's policy, according to Smith, categorically prohibits prosecution regardless of the crime's gravity or the case's merits.
Smith emphasized that the Justice Department's position is not about the specifics of Trump's actions but rather a broader constitutional guideline which declares that a sitting president cannot be prosecuted. This is a significant shift in the legal landscape following two years of ambitions to hold him accountable for serious accusations.
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