In a court filing on Monday, special counsel Jack Smith moved to dismiss all federal charges in the January 6 case against President-elect Donald Trump.
Smith also sought to withdraw the Justice Department’s appeal in the classified documents case, which had been ongoing since Judge Aileen Cannon dismissed the case in July.
Smith’s filing cited the constitutional prohibition on prosecuting a sitting president, stating: “As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025. It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President.”
BREAKING: Special Counsel Jack Smith to dismiss four felony charges against President-elect Trump in the election interference case.pic.twitter.com/ht7YWdgtEG
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Acknowledging the unique circumstances of prosecuting a president-elect, Smith wrote, “After careful consideration, the Department has determined that prior opinions from the Justice Department’s Office of Legal Counsel apply to this situation. Consequently, this prosecution must be dismissed before the defendant’s inauguration.”
Smith clarified that the decision is not influenced by the severity of the