Special counsel Jack Smith filed a motion Monday in a Washington, D.C., federal court to dismiss all four felony charges against President-elect Donald Trump related to alleged interference in the 2020 election.
“The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have as a result of the election held on November 5, 2024, the defendant will be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025: as a result of the election held on November 5, 2024, the defendant will be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” the motion reads.
“This sets at odds two fundamental and compelling national interests: on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities…and on the other hand, the Nation’s commitment to the rule of law and the longstanding principle that ‘[n]o man in this country is so high that he is above the law,’” the document continues.
Smith’s office explained that in light of the long-held position of the Justice Department that a sitting president cannot be prosecuted, the charges must be dropped.
BREAKING: Jack Smith moves to dismiss the case against Trump in Washington. https://t.co/eYG5XB5EF5 pic.twitter.com/vjhui5KDcz
— Kyle Cheney (@kyledcheney) November 25, 2024
Trump spokesman Steven Cheung responded in a statement saying, “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.”
“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, and is a major victory for the rule of law. The American People and President… pic.twitter.com/fScDK32cvB
— Gayle Trotter (@gayletrotter) November 25, 2024
Should the other cases against Trump also be dropped?
Smith charged Trump with obstructing an official proceeding, conspiracy to defraud the United States and conspiracy against rights in his 2020 election interference case that he filed in Washington, D.C.
However, the Supreme Court ruled in July that presidents have immunity for official acts taken while in office. The decision required Smith to redo his indictment and pushed a potential trial until after the election.
And in Florida, Smith indicted Trump for allegedly retaining classified documents containing national defense information, as well as obstruction and making false statements.
But Judge Aileen Cannon ruled in July that the DOJ’s appointment of Smith as special counsel was unconstitutional, concluding the move needed congressional approval. The DOJ has appealed the case to the 11th U.S. Circuit Court of Appeals.
Presumably, Smith’s office will also be filing a motion to dismiss the documents case.
NBC News reported that Smith and his team plan to resign before Trump takes office, according to a source.
That leaves two state criminal cases still outstanding against the president-elect.
On Friday New York Judge Juan Merchan removed the sentencing hearing from the court calendar in Trump’s business records case by Manhattan District Attorney Alvin Bragg and is allowing the president-elect’s attorneys to file a motion to dismiss it.
Finally, Fulton County, Georgia, District Attorney Fani Willis’ 2020 election interference case against Trump is currently at the state Court of Appeals. But the court issued an order Nov. 18 saying oral arguments were postponed until further notice.
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