Special Counsel Jack Smith has filed motions to dismiss two high-profile federal cases against President-elect Donald Trump, citing long-standing Department of Justice (DOJ) policy prohibiting the prosecution of a sitting president. The move brings an end to the DOJ's efforts to hold Trump accountable for alleged election interference and the mishandling of classified documents, although charges against two co-defendants will proceed.
The decision stems from the Office of Legal Counsel's (OLC) 1973 opinion that sitting presidents cannot face federal indictment or prosecution, a position reaffirmed in recent Supreme Court rulings granting broad immunity to former and sitting presidents.
Election Interference Case Dismissed
Smith’s team moved to dismiss the charges in the January 6 election interference case, which alleged Trump sought to overturn the results of the 2020 election. The motion was approved by Judge Tanya Chutkan, marking the end of the DOJ's efforts to address Trump’s role in the Capitol riot.
“After careful consideration, the Department has determined that OLC’s prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation,” Smith’s filing stated. He underscored that the prohibition is “categorical” and does not depend on the seriousness of the crimes or the strength of evidence.
Classified Documents Case Also Dropped
In Florida, Smith filed a similar motion to dismiss his appeal in the classified documents case, which charged Trump with violations of the Espionage Act and obstruction of justice. The motion ends the government’s attempts to prosecute Trump for retaining sensitive national security documents at Mar-a-Lago.
The DOJ will, however, continue pursuing charges against Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, leaving their fates to the incoming Trump administration.
Political and Legal Fallout
The decisions highlight the tension between holding leaders accountable and adhering to constitutional protections for presidents. “This sets at odds two fundamental and compelling national interests,” Smith wrote, noting the Constitution’s requirement that a president be unencumbered in office and the principle that no one is above the law.
Steven Cheung, Trump’s communications director, celebrated the dismissals as a “major victory 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 in a statement, calling for an end to “political weaponization” of the justice system.
Next Steps
Smith’s filings dismissed the cases “without prejudice,” allowing future prosecutors to potentially revisit the charges once Trump leaves office. Prosecutors could argue that the statute of limitations should be paused while Trump holds immunity as president.
Smith, who plans to resign ahead of Trump’s inauguration, may also issue a final report summarizing his investigations, pending Attorney General Merrick Garland’s approval.
Meanwhile, Trump has announced sweeping plans to overhaul the DOJ, including firing prosecutors involved in the cases and elevating members of his defense team to key positions.
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