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Jack Smith finally ends a $90 million legal assault on Trump, but leaves vexing DOJ issue unsettled

 After extensive legal challenges costing over $90 million, Donald Trump has emerged without any federal criminal charges against him. Harvard law professor Alan Dershowitz stated that the federal cases are concluded and Trump cannot be indicted further. However, the dismissal of two cases by Special Prosecutor Jack Smith raises a legal question regarding the constitutionality of his appointment and that of Robert Mueller, as they were not Senate-confirmed U. S. attorneys.

Trump's legal team challenged Smith's appointment, arguing it violated the Appointments Clause of the U. S. Constitution. U. S. District Judge Aileen Cannon ruled that only a sitting U. S. attorney can be appointed as special counsel without Senate confirmation. This ruling remains significant as it could impact future special counsel appointments and investigations of political figures.

As Smith sought to have Trump dismissed from the case due to his upcoming presidency, the appellate court must decide if the challenge regarding the appointments clause should continue with the remaining defendants, Trump aides Walt Nauta and Carlos de Oliveira. A new Department of Justice under Trump could change the situation, possibly rendering the case moot or allowing the legal appeal to progress potentially to the Supreme Court.

The overall legal expenditure for the investigations, which included past special counsels Mueller and Durham, highlights the financial burden of the legal actions taken against Trump without proving any wrongdoing on his part. Critics argue that the substantial costs and political capital spent on these inquiries may have backfired on Democrats, providing conservatives with a strong narrative as Trump returns to political campaigning. 

https://justthenews.com/politics-policy/all-things-trump/jack-smith-finally-ends-90-million-legal-assault-trump-leaves

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