Let me explain for the benefit of anybody misled by laffy.
Asking the court to dismiss “without prejudice” does not mean that the court will grant that part of the motion.
And, interestingly, if not granted with prejudice, that doesn’t mean that the refiling of the amended indictment will be granted.
There is no chance that the United States will ever refile these absurd charges against President Trump.
And while it might be true that the “defense” has no objection to a dismissal (why would they), that doesn’t mean that the defense also agrees to a dismissal without prejudice.
Although that was smith’s claim and Judge Chilean granted dismissal without prejudice (see
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.282.0.pdf ), I’d like to see the papers in which team Trump agreed to the dismissal without prejudice.
Again, there is no chance the gubmint will ever refile those charges.