In a court filing on Monday, special counsel Jack Smith moved to dismiss all federal charges in the January 6 case against President-elect Donald Trump.
Smith also sought to withdraw the Justice Department’s appeal in the classified documents case, which had been ongoing since Judge Aileen Cannon dismissed the case in July.
Smith’s filing cited the constitutional prohibition on prosecuting a sitting president, stating: “As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025. It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President.”
BREAKING: Special Counsel Jack Smith to dismiss four felony charges against President-elect Trump in the election interference case.pic.twitter.com/ht7YWdgtEG
— Resist Times (@resistupdates) November 25, 2024
Acknowledging the unique circumstances of prosecuting a president-elect, Smith wrote, “After careful consideration, the Department has determined that prior opinions from the Justice Department’s Office of Legal Counsel apply to this situation. Consequently, this prosecution must be dismissed before the defendant’s inauguration.”
Smith clarified that the decision is not influenced by the severity of the charges or the strength of the evidence, stating, “The prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution.”
The motion requested a dismissal without prejudice, allowing for potential future action, and noted that Trump’s legal team did not object.
Smith filed a similar motion with the U.S. Court of Appeals for the Eleventh Circuit to drop the appeal in the classified documents case, referencing his January 6 filing.
He reiterated that Trump’s election as president precludes prosecution under the Justice Department’s interpretation of the Constitution.
The federal dismissals come as several state-level cases against Trump have stalled following his Election Day victory.
The falsified business records case in Manhattan, led by District Attorney Alvin Bragg, has been indefinitely paused without sentencing.
Additionally, a hearing in Georgia concerning whether Fulton County DA Fani Willis can continue leading the state election case against Trump has been canceled.
Trump’s communications director, Steven Cheung, celebrated the DOJ’s decision as a win for the rule of law. “The American People re-elected President Trump with an overwhelming mandate to Make America Great Again.
Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump,” Cheung said. “This is a major victory for the rule of law. The American People and President Trump want an immediate end to the political weaponization of our justice system.”
Trump himself issued a fiery statement, denouncing the cases against him as politically motivated. “These cases, like all of the other cases I have been forced to go through, are empty and lawless and should never have been brought.
Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent—ME. Nothing like this has ever happened in our Country before,” Trump wrote.
These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME. Nothing like…
— Donald J. Trump (@realDonaldTrump) November 25, 2024
He accused state prosecutors, including Fani Willis, Letitia James, and Alvin Bragg, of unethical and politically driven actions. “It was a political hijacking and a low point in the history of our Country that such a thing could have happened. And yet, I persevered, against all odds, and WON. MAKE AMERICA GREAT AGAIN!” Trump concluded.