Jack Smith moves to dismiss charges against Trump before Inauguration Day
On Monday, special counsel Jack Smith filed a motion to dismiss the Washington, D.C., case filed against President-elect Donald Trump.
Trump was initially charged last year with four felony counts, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an attempt to obstruct an official proceeding, and conspiracy against rights. He pleaded not guilty to all charges.
‘Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law.’
Smith wrote in the motion, “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.”
Smith noted the “unprecedented situation” and, after consulting with the DOJ’s Office of Legal Counsel, concluded that the “prosecution must be dismissed before the defendant is inaugurated.”
“The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have,” he added.
Smith led the Washington, D.C., case as well as another federal indictment against Trump out of Florida, where Trump was accused of mishandling classified documents. That case was dismissed in the summer by Judge Aileen Cannon, who ruled that Smith’s appointment was unconstitutional.
Smith’s move to drop the Washington, D.C., case on Monday would mark the end of all the federal indictments against Trump.
Steven Cheung, a spokesperson for Trump, responded to Smith’s decision to file the motion to dismiss.
Cheung said, “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.”
Trump had previously vowed to terminate Smith “within two seconds” of taking office. The New York Times reported earlier this month that sources revealed Smith was planning to wrap up the federal cases and retire before Trump had the opportunity to remove him as special counsel.
Trump is still facing a criminal conviction in the New York court system, where he was charged with 34 felony counts of falsifying business records. However, last week, Judge Juan Merchan granted the defense’s request to file a motion to dismiss. Merchan will receive that motion and the prosecution’s response in early December. The Georgia case lodged against Trump, also a state-level indictment, is still tied up in the court and has not gone to trial.
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