Fatshimetrie — Special Counsel Jack Smith has ended his prosecution of United States v. Donald J. Trump, demonstrating that even presidents are not immune from the law.
Instead, his failed attempts have strengthened the president-elect’s position as he prepares to return to office on January 20. The dismissal of charges of election interference and possession of classified documents was a major victory for the 45th and 47th presidents.
The election case led to a Supreme Court ruling granting the president limited immunity for his official actions. This will likely strengthen Trump’s belief in his quasi-alliance and will have repercussions for the next four years and generations to come.
The unthinkable has become reality: a president-elect is facing federal indictment as he takes office. Smith has made clear that Justice Department policy prevents incumbent presidents from being indicted or prosecuted. But he stressed that this decision is not based on the strength of the charges.
By voting as they did, Americans have effectively exonerated Trump in federal cases, on charges that could carry a prison sentence. Ironically, the American democracy that Trump sought to undermine has been his legal deliverance.
The consequences of this impunity are manifold. His second term, which he has promised to devote to “retribution,” could be spent in an atmosphere of even greater impunity than his first. After all, Trump has seen that testing the limits of the rule of law has few negative consequences, short of his second impeachment by the House of Representatives.
The delay in prosecutions also undermines the rule of law. Smith’s failure to hold Trump accountable for the blatant attack on the integrity of the election will have lasting repercussions for justice and respect for democratic norms.
In Washington, Judge Tanya Chutkan granted Smith’s request to dismiss the case without prejudice, theoretically allowing it to be reopened later. However, the chances of such a reopening are slim, even with a Democratic president in the White House.
The decision to close the case raises questions about Smith and the Justice Department. Democrats say Attorney General Merrick Garland was slow to appoint a special prosecutor to investigate Trump’s 2020 election interference, despite congressional efforts. That calls into question the justice system’s ability to ensure accountability at the highest levels.
The epilogue of this legal saga raises critical questions about the balance of power and the preservation of the rule of law in the United StatesAs Trump prepares for a new term dominated by a sense of impunity, American society must reflect on the stakes this raises for the future of democracy.