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Why Trump’s Election Case Was Dismissed ‘Without Prejudice’

November 27, 2024 at 4:00 am Staff
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District of Columbia Judge Tanya Chutkan dismissed the election interference case against President-elect Donald Trump on Nov. 25, bringing an end to a highly contentious prosecution and raising questions about whether the charges could once again surface.
Chutkan’s dismissal was entered “without prejudice,” which means the charges can hypothetically be brought against Trump at a later date.
Special Counsel Jack Smith based his request for a dismissal on longstanding Department of Justice (DOJ) policy that says prosecution of a sitting president would violate the constitution. Smith’s motion added that “although the Constitution requires dismissal in this context, consistent with the temporary nature of the immunity afforded a sitting President, it does not require dismissal with prejudice.”…

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