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Justice Department moves to dismiss Trump prosecutions
Special Counsel Jack Smith filed motions on Monday to dismiss both the election interference and classified documents cases against President-elect Donald Trump. The cases were doomed the day Trump was reelected, as a long-standing Justice Department policy prohibits the criminal prosecution of sitting presidents.
Trump spokesperson Steve Cheung said the dismissals represent “a major victory for the rule of law,” while Smith said Trump’s victory set the need for the office of the president to operate unencumbered by prosecution at odds with the principle that “no man is above the law.” Smith is expected to retire before Trump fulfills a campaign promise to fire him. The motions to dismiss also vindicate Trump’s strategy of delay, with the mandate of voters sparing him further time in federal court.
The state cases in Georgia and New York are different. The federal government doesn’t have the power to simply make them go away, and even those who think Trump has the power to pardon himself in federal cases agree that he has no power in state issues. That said, the Georgia appeals court abruptly canceled hearings related to attempts to disqualify Fulton County District Attorney Fani Willis. Trump has multiple defendants who could face televised trials if the case goes forward, whereas in New York he is the sole defendant.
Gaetz becomes first Trump nominee to crash out
Matt Gaetz announced Thursday that after meeting with senators, he would not go through with the nomination process to become Donald Trump’s attorney general, claiming he did not wish to be a “distraction.” In other words, at least four GOP senators couldn’t approve a man in the midst of a federal sex-trafficking investigation and accused of sex with a minor to lead the Justice Department. Gaetz’s nomination lasted just 0.8 Scaramuccis.
Trump on Thursday swiftly announced a new pick for attorney general after Gaetz stepped aside, tapping former Florida Attorney General Pam Bondi to be the nation's top law enforcement official. Bondi is a Trump loyalist who was part of his defense team during his first impeachment trial.
What happens to Gaetz now? He resigned from his congressional seat last week, in part to prevent an ethics report on his alleged sex crimes from reaching the light of day. That doesn’t mean Washington has seen the last of him, however, as he merely indicated he did not intend to take his oath of office for the next session of Congress. He still may be within his rights to show up and take his seat if he wishes … though that ethics report could come back into play.
Gaetz isn’t the only Trump nominee with troubling sexual allegations. Fox News host Pete Hesgeth, tapped to lead the Defense Department, is under fire over a 2017 incident in Monterey, California, in which he allegedly physically blocked a woman from leaving his hotel room, took her phone away, and raped her. Hesgeth was not charged with a crime and claims the encounter was consensual, but he entered into a settlement agreement with his accuser that included an undisclosed monetary payment. We’re watching to see if it knocks his nomination off course.