A report from Just the News says that Republicans in the House are scrambling to end the potential for prosecuting President Donald Trump after he leaves office.
This comes after the same outlet first broke the story Tuesday that during the lame-duck period of Joe Biden’s presidency, FBI agents with former special counsel Jack Smith’s investigation into the 2020 election “secretly arranged to preserve their evidence until 2030 in memos that raise alarm they could revive their prosecution.”
“The FBI memos and emails closing out the controversial Arctic Frost investigation … show the bureau chose not to relinquish the evidence it gathered after Smith went to court to dismiss charges against Trump, even though that is the normal practice for agents,” Just the News reported.
“Instead, they created a preservation order keeping the evidence in FBI custody for two years after Trump’s second term ends, claiming it was necessary to do so because of ongoing litigation, the memos show.”
Because apparently, in 2029, a cudgel carried by the Democrats since 2020 will still be wielded against a president nine years later, no matter who the president is.
Ironically, this was revealed a little less than five months after Jack Smith said he was afraid he was going to be the guy prosecuted, telling the House Judiciary Committee that Trump administration officials would do “everything in their power” to charge him, but he would “not be intimidated,” according to The Associated Press.
He also told the committee in his testimony that he believed “Donald Trump is the person who caused Jan. 6, it was foreseeable to him, and that he sought to exploit the violence.” Apparently, he didn’t watch the speech or he has evidence he’s not sharing with us.
Whatever the case, Smith, who was a nakedly partisan actor, claimed Trump committed “serious crimes” by contesting the results of the 2020 election. Other Democrat election-deniers remained unmentioned.
However, Smith’s case was dismissed without prejudice by U.S. District Judge Tanya Chutkan, an Obama appointee, after the special counsel conceded that the Office of Legal Counsel had found a sitting president couldn’t be charged with a crime.
You would think this would be the end of the whole thing, but you may have noticed the whole “without prejudice” thing. That means it can be brought again — and, according to the new documents released by the bureau, that’s just what they’re aiming to do if a Democrat takes office again.
One of the key “Case Closing” documents obtained by Just the News – originating from the FBI’s Washington Field Office’s CR-15 team – was dated a couple of weeks into Trump’s second term, on February 5, 2025, when many holdover FBI agents and leaders were still in place.
The newly-released closing document from early 2025 repeated the extensive claims of criminality against Trump, which had been pursued by Smith and the bureau, and it sought to retain all of the evidence for a half decade until at least February 2030, when Trump would be a former president once more and thus when the DOJ guidance prohibiting the prosecution of a sitting president would no longer be in force.
The document was titled “Arctic Frost – Election Law Matters – Sensitive Investigative Matter” and its synopsis was “To Document the Closing of Captioned Investigation.” The listed enclosures buttressing the document were a “Deputy Special Counsel Concurrence” and the “Retention of Evidence Approval.”
“The American people deserve to know how this egregious weaponization of power to target political opponents and President Trump happened inside an institution meant to protect them,” FBI Director Kash Patel told the outlet Tuesday.
“We shut down the weaponized CR-15 squad, and we are going to keep following the facts until there is full accountability. The FBI exists to protect the country, not to preserve political prosecutions for a future administration.”
On Wednesday night, the chair of the House Judiciary Committee concurred.
“It’s probably time that this all just ended,” GOP Rep. Jim Jordan of Ohio told Just the News.
“When you think about — what’s it now been, over 10 years?” Jordan said.
“I mean, remember this all started when we learned here from your good reporting and other good work, that we’ve learned that the whole thing was a hoax from the beginning when they used the [Steele] dossier that was manufactured and paid for by the Clinton campaign and all that. So, yeah, it’s probably time that this is all just ended.”
His solution? Acting Attorney General Todd Blanche should just say, “This thing is done, over with. A-B, see you later.”
And he’s right. It’s not just that this isn’t normal procedure. (It isn’t.) And it’s not just that this was based on an overblown case to begin with. (It was.) This is based on the principle that politics is a Pandora’s box. Once something is opened, it cannot be closed.
It’s rich that Jack Smith, a man who was clearly in on this decision to retain evidence, believes the sword of Damocles is hanging over him when Democrats are effectively doing this by keeping an old wound open. Enough is enough. The weaponization of the FBI was bad, and this is worse.
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