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Trump’s win means the Justice Department will drop the charges. It’s a mistake

Trump’s win means the Justice Department will drop the charges. It’s a mistake


Donald Trump wants an end to criminal trials. We’ll find out in four years if he wins this fight.

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Donald Trump didn’t just win the presidency on Tuesday. He also won vs. US Department of Justice‘s efforts to hold him accountable for his attempt to overturn the 2020 election and the secret documents he retained after he lost.

Trump’s two federal criminal trials are long legal slogs resulting from his successful scheme to delay justice until politics saved him. about to end suddenly.

What else will happen: Trump will use the well-intentioned efforts of public officials in a malicious effort to once again mislead Americans about why he faces criminal charges. He will point to a legal victory won at the ballot box, not in the courtroom, as proof that the charges against him are somehow illegitimate.

They weren’t.

Trump also faces criminal liability in New York, where he is based Convicted of 34 serious crimes He still faces charges in May and in Georgia for his failed attempt to overturn the 2020 election.

Trump has a hearing in New York on Tuesday trying to overturn this conviction After the most politically inclined justices of the U.S. Supreme Court Uncertainty injected in July He said he could be prosecuted in all criminal cases, but as president he had immunity for any actions taken in his official capacity.

In this case his punishment Set for November 26. He is a criminal. And he is not the president. Not yet. We have a decision. We should also receive a punishment.

Federal investigations into Trump will end immediately

Jack Smith, special counsel handling both federal cases. reportedly developing plans to close cases earlier Trump will take office in 10 weeks.

This is a mistake. And I understand why Smith did this. Special counsel and U.S. Attorney General Merrick Garland I appointed him two years agoRespect the Department of Justice as an institution. They probably think it protects the department.

It does the exact opposite. I’m not saying federal lawsuits against Trump should proceed. This is a recipe for chaos. And we will have no shortage of chaos. What is important here is who terminates the cases and how.

The Ministry’s Legal Advisory Office published a statement 51 years ago and Confirmed again in 2000He said a sitting president cannot be prosecuted for federal crimes. So Smith is following a long-standing precedent. However, in doing so, he may question the functioning of the department.

Trump’s campaign is already using Smith’s plan to attack Smith, the department, and the concept of justice. Trump campaign spokesman Steven Cheung said on Wednesday:“It is now clear that Americans want an immediate end to the weaponization of our justice system.”

This is the Trump campaign weaponizing justice against the Justice Department. Winning an election is not the same as being found not guilty by a jury of your peers. But that’s not how Trump wants you to see the world. He has a political motivation to lie when he claims the trials are politically motivated.

It makes sense for Smith to leave his post before Trump takes over. Trump bragged about how willing he was fire private lawyer if he wins the election. But how Smith leaves makes all the difference.

Trump will rush to arm the Justice Department. Make sure he has this.

Trump will choose a new attorney general and has repeatedly promised to use that person and the Justice Department. punish those he sees as political enemies Just because you oppose him. But first, this person must bear responsibility for killing the criminal cases against Trump.

Make sure Trump and his new attorney general publicly own this once and for all. Tie this action to his repeated bogus complaints about how persecuted he is, and gather evidence that shows the opposite is true.

Smith must mention both cases in his writing, making every piece of evidence, every statement, every point about the lawless behavior we see Trump engage in.

This includes the trial in Washington, DC, where Trump is being held accountable for his actions before, during and after the January 6, 2021 insurrection at the US Capitol.

On Friday, Smith asked the judge about this case to clear all set deadlines how it progresses is what looks like the beginning of ending it.

Something similar can be expected for the case in Florida, which Smith tried to revive in the appeals court after Trump appointed the judge in July. gave him a get out of jail free card for hiding and refusing to return classified documents after leaving office.

Take them all to court. Leave a complete and intact record. Don’t let these cases fall by the wayside. Have Trump’s team kill them in public.

Trump has done a masterful job of evading justice

Trump, a former president with Secret Service protection, never occurred to me that he would be in danger of facing prison time on conviction for prosecuting a case in New York. The real estate business is full of fraud.. It was a financial crime. The judge should give him a very heavy financial penalty and a significant period of probation.

Four years sounds about right.

Georgia is more complicated, again, because of Trump. tactics to delay trial until the election results relieved him of responsibility. Fulton County District Attorney Fani Willis, who prosecuted this case, said: he faltered many times trying to push forward.

He must now try to shelve the case, as Trump wants, but on the condition that he cannot complain within four years that his right to a speedy trial was violated if Willis or another prosecutor tries to revive the case.

Justice delayed does not always mean justice denied. We will all have to wait to see if Trump will confront this.

Follow USA TODAY election columnist Chris Brennan, formerly of X, on Twitter: @ByChrisBrennan