Special Counsel Jack Smith has requested the dismissal of two key criminal cases against Donald Trump following Trump’s victory in the 2024 presidential election. The cases involved allegations of attempting to overturn the 2020 election results and improperly storing classified documents.
In documents filed on Monday, Smith cited a longstanding Justice Department policy that prevents the prosecution of a sitting president. He emphasized that the decision to drop the cases is not based on their merits or strength, but on constitutional constraints. Smith requested both cases be dismissed “without prejudice,” which would allow the charges to be refiled after Trump’s second term.
The election subversion case had already undergone significant legal challenges. Following a July Supreme Court ruling about presidential immunity, Smith had revised the indictment, arguing that Trump’s election interference efforts were related to his campaign and therefore not protected as official acts.
The classified documents case, which accused Trump of storing sensitive files at his Mar-a-Lago resort and obstructing government retrieval efforts, had previously been complicated by a Trump-appointed judge’s ruling questioning Smith’s appointment. Smith noted that the appeal would continue for two other defendants, Walt Nauta and Carlos De Oliveira.
Trump responded to the developments on his social media platform Truth Social, calling the federal cases “empty and lawless” and claiming they should never have been brought. Vice President-elect JD Vance echoed this sentiment, suggesting the prosecutions were politically motivated.
The legal landscape surrounding Trump’s potential prosecutions has dramatically shifted. Several state-level criminal cases are now effectively in limbo. His New York criminal conviction sentencing has been indefinitely delayed, and the Georgia election interference case faces potential complications due to an ongoing appeal regarding the district attorney’s involvement.
Legal experts like former federal prosecutor Neama Rahmani have confirmed that a sitting president cannot be prosecuted, effectively neutralizing the federal cases against Trump.
Trump had previously pledged to remove Smith from his position, and Smith is reportedly planning to step down next year. Attorney General Merrick Garland had originally appointed Smith in 2022 to oversee the federal investigations into Trump’s conduct.
The dismissal of these cases represents a significant turning point in the legal challenges Trump has faced. While the federal cases appear to be concluding, state-level investigations remain ongoing, though their progress seems uncertain.
The development underscores the complex intersection of legal proceedings and presidential power, highlighting the constitutional protections afforded to a sitting president and the potential implications of Trump’s return to the White House.
