Special counsel Jack Smith moved on Monday to dismiss his case against President-elect Donald Trump.
Smith wrote in a filing that prior opinions by the Department of Justice (DOJ)’s Office of Legal Counsel (OLC) “apply to this situation” and mean the case must be dismissed before Trump’s inauguration.
“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,” Smith wrote. “But the Department and the country have never faced the circumstance here, where a federal indictment against a private citizen has been returned by a grand jury and a criminal prosecution is already underway when the defendant is elected President.” (RELATED: Trump’s Legal Problems Evaporate As Americans Send Him Back To The White House)
BREAKING: Special Counsel Jack Smith moves to dismiss his case against Trump. pic.twitter.com/IFJ9rskR0p
— Katelynn Richardson (@katesrichardson) November 25, 2024
Smith noted the prohibition on prosecuting presidents 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, which the Government stands fully behind.”
“The American People re-elected President Trump with an overwhelming mandate to Make America Great Again,” Trump Communications Director Steven Cheung said in a statement. “Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and 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 and we look forward to uniting our country.”
Days after Trump won the election, Smith asked Judge Tanya Chutkan to pause all deadlines in his election interference case to allow prosecutors to evaluate their next steps.
Smith indicted Trump in August 2023 for alleged efforts to overturn the 2020 election. He spent the months afterwards attempting to fast-track the case, even asking the Supreme Court to hear Trump’s presidential immunity appeal before the lower court.
The case was delayed for months as the Supreme Court weighed Trump’s appeal. The justices ultimately held in July that former presidents are immune from prosecution for official acts taken in office, prompting Smith to file a superseding indictment emphasizing that Trump acted outside of his official duties.
In the weeks before the election, Chutkan allowed Smith to file a lengthy motion including evidence against Trump on the public docket. Trump’s attorneys slammed Smith’s efforts to release the materials as election interference.
Smith’s classified documents case against Trump in Florida was dismissed in July after a federal judge found Smith had been unconstitutionally appointed.
In another filing Monday, Smith moved to dismiss his appeal of the ruling as it relates to Trump but not his co-defendants.
“Dismissing the appeal as to defendant Trump will leave in place the district court’s order dismissing the indictment without prejudice as to him,” Smith wrote. “The appeal concerning the other two defendants will continue because, unlike defendant Trump, no principle of temporary immunity applies to them.”
This is a breaking news story and will be updated.
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