Barbara McQuade, former U.S. attorney and current law professor, offered an explanation for why special counsel Jack Smith preemptively sought to pull the plug on the election interference and classified documents cases against Donald Trump.
Contrary to views that this move was about yielding to an authoritarian, McQuade argues that Smith’s actions were strategic and aimed at keeping the cases alive for potential future prosecution.
McQuade suggests that dismissing the charges without prejudice means they can be reinstated later, once Trump leaves office.
This strategy prevents a future attorney general from blocking the cases permanently and gives Smith the opportunity to explain his decision, rather than allowing Trump’s incoming AG to misrepresent it.
The tactic, McQuade explains, ensures that the possibility of revisiting the cases remains intact, particularly as Trump might face scrutiny after leaving the presidency.
On social media, McQuade emphasized that, while Smith’s decision may cause frustration, it was the only viable move to preserve the potential for future legal action—possibly as late as 2029.
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