Takeaways from Trump’s victories over special counsel Jack Smith

The special counsel stressed his decision was not about the strength of his case against Trump

Even before special counsel Jack Smith formally asked that his criminal cases against Donald Trump be dismissed, it was already guaranteed the president-elect would never see a jury. Smith on Monday dropped both the 2020 election subversion prosecution against Trump and the charges accusing Trump of mishandling classified documents. The special counsel stressed his decision was not about the strength of his case against Trump, but his reasoning hung on the Justice Department’s long-held belief that the Constitution prohibits prosecutions against sitting presidents. Even if prosecutors had believed that they could have kept the cases on life support into the second Trump presidency, the president-elect had already indicated that he planned to fire Smith and his team, a vow that breached the usual norms surrounding a special counsel investigation. Trump’s reelection this month was the straw that broke the back of a camel that had been buckling under slow-walking courts and novel legal arguments. Smith’s filings suggested he could bring the charges again, though Trump may seek to foreclose that possibility by pardoning himself – an unprecedented move. Also looming over Trump’s second term is the Republican’s promises to go after those who prosecuted him, a vow echoed by his pick for attorney general.