#JackSmith folds, dismissing both federal cases against #DonaldTrump. It was, perhaps, inevitable, but it is notable that even in the face of the past four years, Smith still took an institutionalist's path. #immunity #prosecution #SCOTUS #supremecourt #DOJ #justicedenied #AttorneyGeneral #criminallaw #insurrection https://www.lawdork.com/p/jack-smith-dismisses-both-trump-cases
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That's not the right read on it, though: it's not taking the institutionalist path but taking the only legal path.
After Trump's election the DOJ had no practical legal path forward.
Rather than waste everyone's time, including his own, he filed the appropriate motions to the court.
