Special counsel Jack Smith on Nov. 25 dropped the charges in his election interference case against President-elect Donald Trump, while also moving to drop his appeal of a judge’s decision in the president-elect’s classified documents case.
“This outcome is not based on the merits or strength of the case against the defendant,” the filing states.
His office said that prosecutors have conferred with Trump’s attorneys, who indicated they do not oppose the government’s motion.
“Based on the Department’s interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment,” the court documents state.
“Dismissing the appeal as to defendant Trump will leave in place the district court’s order dismissing the indictment without prejudice as to him,” Smith’s filing stated. But his appeal concerning two other defendants in the case, Walt Nauta and Carlos de Oliveira, “will continue because, unlike defendant Trump, no principle of temporary immunity applies to them.”
The move marks an end to Smith’s criminal pursuit of Trump over the past two years or so, accusing him of attempting to illegally overturn the 2020 election. Smith alleged that Trump mishandled classified documents in a separate case that was dismissed over the summer by a federal judge.
Smith’s decision was anticipated after his team said in court filings that it was assessing how to wind down both the 2020 election interference case and the classified documents case in the wake of Trump’s win on Nov. 5 over Vice President Kamala Harris.
According to Smith’s team, the DOJ believes that in accordance with a longstanding policy that says sitting presidents cannot be prosecuted, the president-elect can no longer be tried.
The DOJ policy that Smith is referring to, which dates back to the 1970s, provides that a criminal prosecution of a sitting president would violate the U.S. Constitution by undermining the ability of the country’s chief executive to function.
Trump has often criticized the two cases that were brought by Smith, who was named as the special counsel by outgoing Attorney General Merrick Garland, describing them as attempts to use the DOJ to target a political opponent. Earlier this year, Trump told a radio host that if he were elected, he would move to remove Smith as special counsel.
Smith’s election case ultimately resulted in a July 1 U.S. Supreme Court decision that said presidents can enjoy some immunity from prosecution for their official acts and duties.
Months later, Smith filed a superseding indictment that argued that Trump acted on his own accord and not within his presidential duties when he allegedly broke the law. Trump had pleaded not guilty to those charges.
Trump’s lawyers had previously said they would seek to dismiss the charges based on a Supreme Court ruling in July that former presidents have broad immunity from prosecution over official actions taken while in the White House.
Trump also faced similar, election-related charges in Fulton County, Georgia. However, that case is in limbo after a codefendant accused the prosecutor, Fani Willis, of being in a romantic relationship with her special counsel, Nathan Wade, who resigned earlier this year after a judge issued a related order.
That Fulton County judge allowed Willis to remain on the case. Trump and several codefendants then petitioned the Georgia Court of Appeals to reject the judge’s ruling, effectively pausing the case.
Sentencing in that case was initially scheduled for July but was postponed until Nov. 26. In a ruling on Nov. 22, Judge Juan Merchan wrote that he was granting a request to adjourn that sentencing date.
