Judge drops Trump election case

 

Friday, November 29 Want a chance to win a premium Democracy Docket membership? Simply opt in here to automatically be entered to win a full year of exclusive content and more!  ON THE DOCKET THIS WEEK Judge drops fed election subversion indictment against Trump Casey concedes Pennsylvania Senate race amid recount What are recess appointments? TRUMP Judge drops fed election subversion indictment against Trump A federal judge dismissed the election subversion indictment against President-elect Donald Trump, confirming what many suspected would be the outcome of Trump’s criminal cases if he won the 2024 election. Special counsel Jack Smith filed a motion Monday to dismiss the case, citing the longstanding policy of the Department of Justice against prosecuting sitting presidents. U.S. District Court Judge Tanya Chutkan granted the motion and dismissed the case. Trump’s 2024 victory immediately raised questions of what would happen to the indictments against him before his inauguration. For legal experts, the answer was simple. “The writing’s on the wall,” Neama Rahmani, a former federal prosecutor and attorney, recently told Democracy Docket. “It’s done.” Read more about what Rahmani and others had to say about Trump’s Georgia and New York cases. Chutkan dismissed the case without prejudice, leaving open the possibility that the case could be filed again. Chutkan even wrote in her opinion that the immunity granted to Trump from the U.S. Supreme Court, which in July ruled that former presidents have at least presumptive immunity from criminal prosecution for official acts, is “temporary, expiring when they leave office.” Read more on the immunity decision here. As his inauguration approaches, Trump has been building his cabinet with some controversial picks. After Florida Rep. Matt Gaetz withdrew his name from consideration as attorney general, Trump chose another Floridian for the post: attorney Pam Bondi. Read more about Bondi and her role in spreading the “Big Lie” in 2020. ELECTIONS Casey concedes Pennsylvania Senate race amid recount Amid a nail-biting recount in the Pennsylvania Senate race, and a slew of lawsuits over which ballots to count, Democratic incumbent Sen. Bob Casey conceded to GOP challenger David McCormick. This means Republicans have a greater majority in the Senate. In the wake of Casey’s concession, advocates for people with disabilities hailed Casey as one of the leading proponents for policies that helped protect people with disabilities from discrimination and receive government assistance. Earlier this year, for example, he sponsored legislation that would have expanded voting access for disabled voters.  “I think he, his office and his staff have been great partners in listening to what our community needs and figuring out how to make those things possible,” Maria Town, president of the American Association of People with Disabilities, told The 19th. Casey’s decision to bow out of the race came amid an automatic recount conducted by the Pennsylvania Department of State, since the margin was less than 0.5%. The results were set to be released by Nov. 27. But Casey asked the department to cease any ongoing recount efforts. Read more about the Pennsylvania Senate race. FROM OUR DESK What are recess appointments? Just days after he was declared the winner of the 2024 election, Trump indicated that he may use recess appointments to fill his cabinet positions and other roles. Democracy Docket Staff Writer Courtney Cohn breaks down what that would entail and why experts believe such a move would be “a very dangerous step away from the checks and balances that are intended to constrain abuses of power.” Read more here. OPINION The Choices I’ve Made In his latest column, Marc Elias reflects on the evolution of the Republican Party, which is becoming even more indistinguishable from the MAGA movement. “The moral bankruptcy of the Republican Party did not happen overnight,” Elias writes. “It happened gradually — starting with Newt Gingrich’s attack on the government in the early 1990s. It continued with the Tea Party movement, the birther conspiracy and the nomination of Donald Trump in 2016.” Read more here. NEW EPISODE What Happens to Trump’s Criminal Indictments and Convictions Now? Now that Trump is headed back to the White House and the federal election subversion indictment against him was dismissed, what happens now? Former federal prosecutor Harry Litman joins Marc Elias to discuss the future of Trump’s federal cases. Watch on YouTube here. What We’re Doing Happy Thanksgiving! The Democracy Docket team is winding down for the holiday and stuffing our faces with turkey and delicious pies. We’re wishing our readers a happy, restful weekend.