Special Counsel Jack Smith Moves to Dismiss All Charges Against President-Elect Trump
In an unprecedented legal maneuver, Special Counsel Jack Smith has filed motions to drop all federal charges against President-elect Donald Trump, citing the long-standing Department of Justice policy against prosecuting a sitting president. Washington D.C. - In a significant turn of events that has sent ripples through the political
In an unprecedented legal maneuver, Special Counsel Jack Smith has filed motions to drop all federal charges against President-elect Donald Trump, citing the long-standing Department of Justice policy against prosecuting a sitting president.
Washington D.C. - In a significant turn of events that has sent ripples through the political and legal landscape, Special Counsel Jack Smith has asked for the dismissal of the federal cases against Donald Trump regarding his alleged attempts to overturn the 2020 election results and his handling of classified documents. This development comes shortly after Trump's victory in the 2024 presidential election, with his inauguration set for January 20, 2025.
The motion, filed in U.S. District Court, underscores the Justice Department's historic stance that prosecuting a President-elect or sitting President is constitutionally untenable. Smith's request emphasizes that this decision is not reflective of the merits of the case but rather an adherence to constitutional principles.
"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 wrote in his filing. This move has effectively put an end to what many described as one of the most significant legal battles in recent American history, involving conspiracy to defraud the United States, obstruction of an official proceeding, and mishandling classified information.
The legal community has been quick to respond, with some applauding the adherence to DOJ policy, while others express concern over accountability. Legal expert Barbara McQuade commented via X, "As expected, Jack Smith has filed a motion to dismiss Trump Jan 6 case on grounds that a sitting POTUS cannot be under indictment. But without prejudice, meaning the case can be brought again."
President-elect Trump, who has consistently described these cases as politically motivated, hailed the motion as a victory. His communications director, Steven Cheung, stated, "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."
However, the dismissal has sparked a debate over the implications for presidential immunity and the balance between legal accountability and executive function. Critics argue that this sets a precedent that might