Michigan law professor and former prosecutor Barbara McQuade on Tuesday tried to reassure critics of special counsel Jack Smith that the Justice Department wasn't bowing down to the Donald Trump administration when it filed a motion to dismiss criminal charges against the president-elect.
Speaking to MSNBC, McQuade said that she believes Smith's move was the best option "under the circumstances."
"I know there are people who support Donald Trump and are celebrating it as an exoneration, which is not true, and I think there are people who are disappointed at the end of these cases and suggesting Jack Smith is somehow obeying in advance," said McQuade.
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She was referring to a motion from Smith Monday in which he asked to dismiss charges against Trump involving the Jan. 6 insurrection and 2020 election interference. He also dropped an appeal against the dismissal of classified documents charges in Florida.
McQuade urged folks to read the filing more carefully, pointing to Smith's comments that a sitting president can't be indicted or criminally prosecuted. He did leave the door open for Trump to possibly face trial upon leaving office.
"It also makes a reference with regard to the tolling of the statute of limitations, that is why this has been dismissed without prejudice and I also think in light of those vows of revenge that we have been hearing from Donald Trump and prosecute the prosecutors from Pam Bondi," McQuade continued, talking about whether Trump's time in office counts toward the statute of limitations.
McQuade went on to say that she doesn't think anything will happen that would harm the prosecutors.
"You are only supposed to bring criminal charges if you intend to follow through with them. I think Jack Smith has thought strategically and done the best he can do," she said.
"If they do investigate [prosecutors] anyway, I don't think there's any evidence whatsoever of misconduct. So, these cases would be futile, certainly making their lives miserable by undergoing investigation; that could be a painful experience for all of them, but they say bring it on because truth is the defense."
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