Special Counsel Jack Smith filed motions on Monday to dismiss federal charges against President Donald Trump related to his alleged mishandling of classified documents and his involvement in the January 6 attempts to overturn the 2020 presidential election.
Smith noted in the filing that “The (Justice) Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated. This outcome is not based on the merits or strength of the case against the defendant.”
In June 2023, Trump was charged with 37 felony counts related to his alleged mishandling of classified documents that he took from the White House. In August, he was charged with four felony counts for attempting to overturn the 2020 election.
All federal charges have been dropped.
The decision was in keeping with the Department of Justice Office of Legal Policy’s stance that a sitting president cannot be charged with a crime.
This same policy was a factor in Special Counsel Robert Mueller’s 2019 decision not to seek charges against Trump during his first presidency for alleged obstruction of justice and collusion with Russia.
“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,” Smith and his team wrote in the filing. “The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have.”
Smith and his legal team are reportedly planning to resign before Trump takes office as the 47th President of the United States in January, per NBC News.
Trump previously said that if he were elected president, he would “fire [Smith] within two seconds,” reported The Dallas Express.
Under department regulations, Jack Smith is required to make a final report before stepping down to explain his charging decisions. The Attorney General, Merrick Garland, can choose whether or not to make the report public.
Trump pleaded not guilty to the charges against him and has continuously claimed that the prosecutions were politically motivated.
“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 Trump spokesperson Steven Cheung, NBC News reported. “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.”