'Sickening abdication': Jack Smith's move to drop Jan. 6 case slammed by experts

Special counsel Jack Smith sought Monday to dismiss the charges against Donald Trump in his federal January 6 case. Former federal prosecutor Harry Litman posted on X, "The most important line in the brief: '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.'" She later pointed out that Smith argued in the last paragraph of his motion to dismiss, “consistent with the temporary nature of the immunity afforded a sitting president” the Government can seek to prosecute Trump again “once his term is over or he is otherwise removed from office by resignation or impeachment.” It was something that Lawfare's Roger Parloff also pointed out on BlueSky. Smith said "without prejudice" means that "a new indictment could theoretically be returned after Trump's term." Former federal prosecutor Barb McQuade also highlighted the "without prejudice" comment in the request.