Jack Smith left the door open just a fraction.

In fact, this move could be an effort to keep the cases alive in the long term. An interesting tell in each motion is Smith’s request to dismiss the cases “without prejudice.” That means that the cases can be filed again. By dismissing the cases now on his own terms, Smith blocks Trump’s attorney general from dismissing the cases for all time.

Which of course Trump’s attorney general would be required to do.

In addition, by filing his motions pre-emptively, Smith was able to explain his reasons for dismissing the case, rather than allowing Trump’s future AG to mischaracterize them. According to Smith, he was dismissing the case not because of the merits or strength of the cases, but because he had to. As Smith explains, the DOJ’s Office of Legal Counsel, whose opinions are “binding” on the special counsel, has concluded that a sitting president may not be indicted or criminally prosecuted under the Constitution…

But Smith was careful to note that this relief from criminal prosecution is “temporary,” and ends when the president leaves office. Smith cites OLC as concluding that this form of immunity for a sitting president “would generally result in the delay, but not the forbearance, of any criminal trial” That is, Trump gets a reprieve, but only during his term in office.

But the statute of limitations would be in effect by January 2029. But there’s a fix for that.

Smith’s brief contains another tell when he writes that OLC has “noted the possibility that a court might equitably toll the statute of limitations to permit proceeding against the President once out of office.” That is, a court could call a timeout, pausing it on Trump’s inauguration day on Jan. 21, 2025, and then restarting the clock when Trump leaves office in 2029. That would give prosecutors plenty of time to refile charges. Certainly, the tolling issue would be litigated, but by dismissing the case now, Smith preserves this issue for future prosecutors to argue.

It won’t happen, but it’s a nice thought.

As OLC has written, the bar on prosecuting a president is not forever — a president “is ultimately accountable for his misconduct that occurs before, during, and after his service to the country.” As Smith writes, “the president lacks the prerogatives of a king and his protection from prosecution.”

Officially, maybe, but unofficially, he has one hell of a lot of prerogatives he shouldn’t have.