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NEW: Ex-Trump DOJ Official Issues Dire Warning, Suggests Jack Smith’s Schemes Are Not Over

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Former U.S. Assistant Attorney General Jeff Clark is sounding the alarm over Special Counsel Jack Smith’s decision to dismiss his January 6 case against President-elect Trump, noting that both Smith’s final motion and U.S. District Judge Tanya Chutkan have left the door open to reviving the case when Trump leaves office in 2029.

Smith announced Monday that he would be moving to dismiss the case against Trump without prejudice, citing the DOJ’s longstanding policy of not seeking criminal cases against sitting presidents. The U.S. Supreme Court also ruled that much of the “criminal conduct” in Smith’s indictment was protected under presidential immunity, though Smith pressed on with his case until Election Day regardless.

U.S. District Judge Tanya Chutkan — an Obama appointee who has doled out extreme sentences to non-violent January 6 defendants and openly called for Trump to be prosecuted from the bench — granted Smith’s motion to dismiss the case on Monday afternoon. “For the reasons set forth in the accompanying opinion, the government’s motion to dismiss, is hereby GRANTED, and the superseding indictment is hereby DISMISSED without prejudice,” Chutkan wrote in her ruling.

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The last line has alarmed legal analysts and reporters, including Clark, who has been the target of politically motivated prosecutions himself. Clark served as Assistant Attorney General in the final days of the Trump Administration and played a role in objecting to the highly questionable 2020 election results. For this, he was indicted by left-wing Attorney General Kris Mayes in Arizona and Fulton County District Attorney Fani Willis, though he is confident both cases will go nowhere and have already practically been quashed by the Supreme Court.

In a lengthy X post, Clark analyzed Smith’s decision to wave the “white flag” and focused on the decision to dismiss without prejudice.

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“The motion seeks dismissal without prejudice. This is absurd and raises the prospect that Judge Chutkan will grant that relief and leave a Sword of Damocles hanging over President Trump’s head such that the case against him could be reactivated in 2029. The American people do not want that,”
he wrote. “And the very existence of such a Sword of Damocles is unconstitutional as it raises risk of impairing the presidency by leaving a cloud in place.”

Clark further noted that Smith is seeking to subvert the Supreme Court’s immunity decision by citing two Office of Legal Counsel motions from the Clinton and Nixon Administrations. “The Supreme Court in Trump v U.S. ordered that the President is permanently absolutely immune from some categories of actions and presumptively immune — also on a permanent basis — from other categories of action,” Clark continued.

“Supreme Court opinions are actual binding authority. OLC opinions are not binding in the courts. Jack Smith’s view of the world is backwards, upside-down, and DOJ-centric.”

He went on to criticize Smith and his team for engaging on blatant political targeting. “Prosecutors possess discretion. Any fair-minded prosecutor would be all for dismissal with prejudice to close the book on this case. But Jack Smith is instead only hanging up his spurs temporarily,” Clark wrote.

“Jack Smith should have taken the message from the voters and gotten off the national stage as quick as possible. But he is thinking only of himself.”

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