Smith May Dismiss His 2 Trump Criminal Cases

WASHINGTON - Nov. 6, 2024 - PRLog -- The report that special counsel Jack Smith is seriously considering dropping the two remaining federal criminal cases against Trump makes the remaining criminal case in Georgia even more important for anyone who wants to see Trump punished.

But, as the complainant in that case explained, the RICO case which he triggered in Fulton County has already been seriously weakened by the presidential election results and a sex scandal.

The only criminal case against Donald Trump of any remaining consequence - a RICO case in Georgia - is now even weaker as a result of his presidential victory, and is very unlikely to go to trial for at least four years, says public interest law professor, whose formal legal complaint against Trump led to a criminal investigation and subsequent indictment in the Peach State.

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Lawyers for Trump have asked an appeals court in Georgia to disqualify the lead prosecutor, Fulton County District Attorney Fani Willis, over alleged misconduct stemming from a romantic relationship.  Oral arguments are scheduled for Dec. 5, and decision might not come down before Trump is inaugurated as President.

But even if that effort fails, it is very unlikely that courts - including, if necessary, the U.S. Supreme Court - would permit a local state criminal trial to proceed against a sitting president or even against a president elect.

The prosecutor in Fulton County, Georgia, District Attorney Fani Willis, is in a weakened position as a result of a scandal involving her employment of a prosecutor with whom she was having an affair, so she may be reluctant to continue with the RICO case, even against the remaining defendants, much less Trump himself.

Moreover, although Trump cannot require the dismissal of the state case nor pardon himself - as he can and almost certainly would with the federal criminal cases - he could, as president, bring enormous pressure to have the Georgia case dropped as well, notes Banzhaf.

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