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“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not tum on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind,” Smith wrote.

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“Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”

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“It’s the same conclusion any prosecutor must reach before bringing any indictment, that there’s enough there so a jury will convict,” said 【 - Free Exclusive Group 】 senior legal analyst Elie Honig. “He’s not making some boastful prediction about what a hypothetical jury would’ve done.”

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“Mr. Trump’s letter claims that dismissal of his criminal cases signifies Mr. Trump’s ‘complete exoneration,’” Smith wrote. “That is false.”

Former special counsel Robert Muller, in hisreport on alleged collusionbetween the Trump campaign and Russia in the 2016 election, said there was more than enough evidence tocharge Trump with obstruction of justicebut didn’t.

“While this report does not conclude that the president committed a crime, it also does not exonerate him,” Mueller wrote in 2019, during Trump’s first term.

“If we had confidence after a thorough investigation of the facts that the president clearly did not commit obstruction of justice, we would so state,” Mueller stated.

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“Because of the unprecedented facts and the variety of legal issues that would be litigated in this case, the Office was aware that the case would involve litigation risks, as would any case of this scope and complexity,” Smith wrote.

“However, after an exhaustive and detailed review of the law, the Office concluded that the charges were well supported and would survive any legal challenges absent a change in the law as it existed at the time of indictment,” he added.

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Unsaid by Smith: Three of the justices in the 6-3 majority were appointed by Trump during the same term for which he now enjoyed immunity.

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Over the course of more than 20 pages, Smith laid out why he believed the unprecedented prosecution was justified and that there was no alternative, citing the need of “protecting the integrity of the United States’ electoral process” and the “federal interest defending from future harm the United States exceptional tradition of peaceful transitions of presidential power.”

Impeachment — even if Trump had been convicted by the Senate — is a political process, not a legal one, Smith wrote. Trump was impeached for his role in inciting the riot on January 6, 2021, but wasacquitted by the Senate.

“Thus, even if Mr. Trump had been convicted by the Senate, political accountability, in the form of impeachment, would not have been an adequate alternative for criminal accountability, especially considering the scope of Mr. Trump’s offenses and the substantial federal interests they targeted,” the report stated.

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He stated that given the timing of the investigation and Trump’s concurrent reelection bid, the former president’s “actions would be criticized by one constituency or another, regardless of which path the investigations took.”

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“Whether it is during an election year or any other time, the duty of prosecutors after indictment is to litigate their cases fully and zealously,” the report states.

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It’s all the more jarring to see Smith condemn the incoming president’s lawyers on the same day that a separate special counsel condemned the outgoing president, too.

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But here’s the reality: For the first time since 2016, there are no active special counsels at the Justice Department. The eight-year saga ofseeminglyendlessmajorinvestigationsis over — for now.

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