MSNBC legal analyst Kristen Greenberg stirred the pot on Monday, suggesting that Special Counsel Jack Smith’s decision to dismiss his case against President-elect Donald Trump leaves open the possibility for future prosecution.
Greenberg, appearing on “Chris Jansing Reports,” read from Smith’s filing, claiming that the special counsel’s language “left the window open” for Trump to be prosecuted after his presidency. She highlighted a line from the filing that stated “immunity from prosecution for sitting president would not preclude such prosecution once the president’s term is over.”
“This raises the question of whether Trump could be prosecuted down the line,” Greenberg added. “The real question for me will be whether or not the new attorney general, who may have a different position, will support the case being dismissed with prejudice, completely closing the door on any future prosecution.”
Smith had initially paused all deadlines in his election interference case shortly after Trump won the election, allowing for prosecutors to evaluate their next steps. After Trump’s victory, he indicted the president for alleged efforts to overturn the 2020 election and spent months trying to speed up the case, even asking the Supreme Court to hear Trump’s appeal on presidential immunity before the lower court.
However, the case faced numerous delays and roadblocks, with the Supreme Court eventually ruling in July that former presidents are immune from prosecution for actions taken while in office. Smith then filed a superseding indictment, alleging that Trump acted outside of his official duties.
Despite Chutkan allowing Smith to file a lengthy motion with evidence against Trump in the weeks leading up to the election, the president’s attorneys pushed back, accusing the special counsel of interfering in the election.
Many were relieved by the DOJ’s decision to drop the case, seeing it as a victory for the rule of law and an end to the politicization of the justice system.