Jones cautioned that this move could lead Americans to believe that the charges were unfounded "in the first place."
According to the Daily Caller, Judge Tanya Chutkan approved Smith's request to dismiss the election interference case against the former president on Monday. In a previous filing, she noted that the Department of Justice has consistently held the view that "the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting president." During the "Erin Burnett OutFront" segment, CNN's Erin Burnett questioned Jones about whether Smith and others should fear potential retaliation from Trump.
Jones responded, "I think that Donald Trump has been very clear that he’s got a list of enemies and that Jack Smith, Dr. Fauci and many others are on that list. It remains to be seen how serious he is about going after them." He further speculated about the potential actions of individuals like Matt Gaetz and Pam Bondi within the Department of Justice, and the political consequences of the voluntary dismissals of these cases.
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Jones also criticized Merrick Garland, stating, "First of all, it cements Merrick Garland’s legacy as being the most ineffective attorney general of the United States in modern history because he waited so long to open these investigations such that we find ourselves at this point."
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The former representative argued that Trump was fortifying his claim that the cases were politically motivated. He expressed his belief that Trump would have been convicted had the cases proceeded. "But also Donald Trump, unfortunately, is speaking to folks who are not hearing the truth about these investigations, and so this is going to strengthen his argument unfortunately in their minds that these cases were the result of politics rather than the merits," Jones said.
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Jones further stated, "I do believe he would have been convicted in both of these matters the way he was convicted earlier this year in a separate matter. But this is a real problem. It strengthens his hand when he says he wants to purge the Department of Justice of the Deep State for example, which is something we know is a falsehood."
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After Trump's victory over Vice President Kamala Harris on November 5, Smith requested that Chutkan suspend all deadlines and allow prosecutors to reassess their strategy in his case against the president-elect. Despite being indicted in August 2023, the case had been postponed for months due to the U.S. Supreme Court’s decision on Trump’s presidential immunity.
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Smith's second case against Trump, which involved the alleged mishandling of classified documents, was dismissed in July by a judge who ruled that Smith had been unconstitutionally appointed. This series of events raises questions about the future of such investigations and the potential impact on public perception of the justice system.