December 1, 2024
Criminal law Should be Inelastic
By Clarice Feldman
Criminal law should be clear so that those covered by it can understand what is permitted and what is prohibited. It’s not the place for creative interpretations by the judiciary or partisan prosecutors. Jack Smith has now dropped his cases against president-elect Donald Trump on the grounds that a president cannot be criminally prosecuted, but there is much more that made these prosecutions untenable: They were never grounded in any fair reading of the law that Smith relied upon. The two cases involved Trump’s handling of classified material and his purported efforts to overturn the results of the 2020 election.
Trump was first indicted in June 2023 in a federal court in Miami on 37 felony counts related to mishandling classified documents that he took from the White House to his Florida home. They included willful retention of national defense information, making false statements, and conspiracy to obstruct justice. A Florida judge dismissed the case, but Smith's office had sought an appeal.
Trump was separately indicted on four felonies in August 2023 for his attempt to reverse the 2020 election results: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
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https://www.americanthinker.com/articles/2024/12/criminal_law_should_be_inelastic.html
