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(TJV) Special Counsel Jack Smith has moved to dismiss two federal cases against President-elect Donald Trump, including the election interference case and the appeal of a classified documents case, due to a Justice Department policy barring the prosecution of a sitting president, ABC News reports. Smith clarified that the decision was not based on the merits of the charges but on longstanding constitutional interpretations.
Smith also requested that the appeal in the classified documents case continue against Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, who have both pleaded not guilty to obstruction charges. “The appeal concerning the other two defendants will continue because, unlike defendant Trump, no principle of temporary immunity applies to them,” the filing stated, per ABC News.
BREAKING: Jack Smith has filed a motion to dismiss ALL charges against President Trump.
The lawfare lost. America won. pic.twitter.com/UFVnZqQR83
— Charlie Kirk (@charliekirk11) November 25, 2024
According to Smith’s motion filed Monday, the prohibition on prosecuting a sitting president “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.” He emphasized the unprecedented nature of this situation, where a federal indictment and prosecution were underway when the defendant was elected president.
Smith consulted with the Department of Justice’s Office of Legal Counsel (OLC) before deciding to dismiss the cases, citing OLC’s binding interpretation of constitutional questions. “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,” the motion said.
THIS AFTERNOON: Jack Smith has dismissed the…
❌Trump Election Interference Case
❌Trump Classified Documents CaseThis lawfare was always unprecedented.
This lawfare was always wrong.
This lawfare was always politically-motivated.
And this lawfare MUST NEVER HAPPEN AGAIN. pic.twitter.com/xigUnwjeeu
— Byron Donalds (@ByronDonalds) November 25, 2024
Election Interference Case Dismissed
In the election interference case, Trump was charged with orchestrating a “criminal scheme” to overturn the 2020 election results. This included enlisting fake electors, pressuring the Justice Department to investigate baseless claims, attempting to manipulate the vice president’s role in certifying election results, and promoting falsehoods about election fraud leading up to the January 6 Capitol attack. Trump pleaded not guilty to these charges last year.
Earlier this month, U.S. District Judge Tanya Chutkan paused the case following Smith’s request for time to evaluate the legal implications of Trump’s presidential victory. ABC News notes that Monday’s filing now ends the case ahead of Trump’s inauguration.
🚨Jack Smith has filed to dismiss his J6 indictment against President Trump
We the People have defeated the DC Swamp pic.twitter.com/iAnhLpq7VZ
— DC_Draino (@DC_Draino) November 25, 2024
Classified Documents Case Appeal Partially Dropped
In the classified documents case, Trump had faced 40 criminal counts related to his handling of sensitive materials after leaving office. U.S. District Judge Aileen Cannon dismissed the case in July, ruling that Smith’s appointment was improper. Although Smith appealed the decision to the 11th Circuit, Monday’s filing requests the appeal’s dismissal solely for Trump.
John Irving, attorney for De Oliveira, criticized the decision to continue pursuing charges against Trump’s co-defendants while dropping them against Trump. “Just because you can doesn’t mean you should,” Irving said, according to ABC News.
Next Steps for Smith and the DOJ
Monday’s filings raise questions about the timeline for closing Smith’s special counsel office and submitting his final report to Attorney General Merrick Garland, as required by DOJ regulations. ABC News highlights that the report will undergo a classification review by the intelligence community before any public release.
Smith’s actions underscore the legal complexities of prosecuting a president-elect, particularly in light of constitutional protections. With the clock ticking toward Inauguration Day, the focus now shifts to how the Justice Department will navigate this unprecedented situation.
