Jack Smith moves to dismiss charges against Trump in election interference and classified documents cases
Special counsel Jack Smith has announced that he will be dropping both his 2020 election interference case and classified documents case against Donald Trump, following the president-elect’s victory.
The decision by the federal prosecutor was announced in two separate motions, filed on Monday.
In his motion to dismiss the federal election interference case, Smith wrote that there was precedent to not bring an indictment or proceedings against a sitting president. However, he stressed that the decision had been made due to the recommendations of the Justice Department rather than the strength of the case.
“The (Justice) Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” Smith wrote to Judge Tanya Chutkan in a six-page filing. “This outcome is not based on the merits or strength of the case against the defendant.”
“That prohibition 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 original indictment accused Trump of pushing false claims of voter fraud after the 2020 presidential election in an attempt to overturn results and return to power.
Prosecutors claimed Trump engaged in a so-called fake electors scheme to do so. Ultimately, his actions, according to Smith, inspired a mob of supporters to storm the Capitol on January 6.
Shortly after the first motion was filed on Monday, the Department announced it would also be abandoning the classified documents case appeal in Florida.
That case, also brought by Smith, emerged after an FBI raid on Trump’s residence at Mar-a-Lago allegedly uncovered improperly stored boxes of classified documents, some containing matters related to national security. Photos in the indictment showed stacks of boxes stored in a bathroom that was publicly accessible.
Smith accused Trump, his aide Walt Nauta and property manager Carlos de Oliveira, of knowingly withholding the documents from the National Archives and failing to cooperate with authorities when they tried to obtain them.
All three pleaded not guilty and Trump remained adamant that he had the authority to keep the documents because he “de-classified” them before leaving office. Prosecutors disputed that, claiming Trump did not go through the formal process of doing so.
District Judge Aileen Cannon, a Trump appointee tasked with overseeing the case, dismissed the case earlier this year, arguing that Smith was improperly appointed. Prosecutors were in the midst of appealing that ruling when Monday’s motion was filed.
Smith’s criminal pursuit of Trump over the last two years, with both the case over the attempt to subvert the 2020 presidential election and his mishandling of classified documents, marked the first time in American history that a former occupant of the White House faced federal criminal charges.
The saga also culminated in a landmark ruling from the Supreme Court earlier this summer, which stated that the president qualifies for some presidential immunity from criminal prosecution.
The motions to dismiss came earlier than expected, as Smith had been set to reveal how he planned to “wind down” the cases against Trump on December 2.
The President-elect has previously said that he would fire Smith from his position on his first day back in the Oval Office.
“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,” said Steven Cheung, Trump’s Communications Director.
“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.”