The National Legal and Policy Center (NLPC) has issued statements calling for an end to federal prosecutions against former President Donald Trump following his re-election. NLPC Counsel Paul Kamenar and Chairman Peter Flaherty argue that Special Prosecutor Jack Smith should abandon the two federal cases against Trump, citing the impracticality of completing trials before Trump's inauguration in January 2025.
Kamenar suggests that Smith appears to be 'coming to his senses' regarding the prosecutions. The NLPC contends that once Trump takes office, he could order the dismissal of these cases and fire Smith, in line with Department of Justice policy that sitting presidents cannot be prosecuted. Flaherty interprets Trump's election victory as a public rejection of what he terms 'political prosecutions.'
The NLPC has been critical of Smith's prosecutions from the outset. They point to a recent dismissal of the Mar-a-Lago case by Judge Aileen Cannon, based on constitutional challenges to Smith's appointment – an issue the NLPC had previously raised in relation to Robert Mueller's Russia investigation.
Regarding state-level cases against Trump, the NLPC notes ongoing legal challenges and potential dismissals. The organization argues that Trump's re-election may have broader implications for the political landscape, potentially deterring future politically motivated lawsuits against candidates.
This development raises significant questions about the future of high-profile political prosecutions and the balance between legal accountability and political processes. It also highlights the complex interplay between federal and state jurisdictions in cases involving political figures. The outcome of these legal challenges could have far-reaching consequences for the interpretation of presidential immunity and the scope of special counsel investigations in the United States.
