Kristen RidleySpecial counsel Jack Smith has moved to dismiss both federal criminal cases against President-elect Donald Trump, citing Department of Justice policy that prohibits prosecuting a sitting president.
The dismissal encompasses both the election interference case in Washington, D.C., and the classified documents case in Florida. U.S. District Court Judge Tanya Chutkan promptly approved the dismissal of the election interference charges without prejudice.
“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 stated in his court filing.
The special counsel’s office indicated that after consulting with Justice Department officials, they determined that the longstanding prohibition on prosecuting sitting presidents would apply to Trump’s case. The dismissals were filed “without prejudice,” leaving open the theoretical possibility of future prosecution after Trump leaves office.
Trump spokesperson Steven Cheung characterized the decision as “a significant victory for the rule of law,” adding that “The American People and President Trump desire an immediate cessation of the political manipulation of our justice system”.
Smith will continue to pursue charges against Trump’s two co-defendants in the classified documents case, Walt Nauta and Carlos De Oliveira. The appeal regarding these defendants remains active before the 11th Circuit Court of Appeals.
Citations:
[1] https://www.cnn.com/2024/11/25/politics/trump-special-counsel-jack-smith/index.html
[2] https://www.bbc.com/news/articles/c4gvd7kxxj5o
[3] https://www.cnn.com/2024/11/25/politics/takeaways-trump-smith-dropped-charges/index.html
[4] https://www.nytimes.com/2024/11/25/us/politics/jack-smith-trump-election-documents-charges.html
[5] https://www.politico.com/news/2024/11/25/jack-smith-drops-case-trump-election-00191514
[6] https://abc7.com/post/special-counsel-moves-drop-trump-election-case-citing-categorical-doj-policy/15586069/
[7] https://www.cbsnews.com/news/jack-smith-dismiss-charges-trump-d-c-election-case/
[8] https://www.nbcnews.com/politics/justice-department/jack-smith-files-drop-jan-6-charges-donald-trump-rcna181667
[9] https://www.msnbc.com/opinion/msnbc-opinion/jack-smith-dismiss-trump-cases-what-next-accountability-rcna181676
[10] https://www.pbs.org/newshour/politics/trump-promised-to-save-tiktok-but-what-happens-next-is-not-clear
[11] https://www.npr.org/2024/11/27/g-s1-36071/tiktok-sale-trump-justice-department
Kristen Ridley