Special Poll
Smith Moves to Dismiss Jan. 6 and Classified Documents Cases Against President-Elect Trump
Special Counsel Jack Smith has formally moved to dismiss both the election interference case and the classified documents case against President-elect Donald Trump. Citing long-standing Department of Justice (DOJ) policy, Smith emphasized that prosecuting a sitting president is prohibited under the Constitution.
In the motion filed for the Jan. 6 case, Smith’s team referenced opinions from the DOJ’s Office of Legal Counsel (OLC), stating: “The Constitution’s prohibition on the federal indictment and prosecution of a sitting president is categorical. It applies regardless of the severity of the crimes, the strength of evidence, or the merits of the prosecution.” As such, Smith concluded the case must be dismissed before Trump’s inauguration.
Judge Tanya Chutkan approved the motion in the election interference case, effectively closing the investigation into Trump’s alleged role in attempting to disrupt the peaceful transfer of power. The case had garnered attention after the storming of the Capitol by Trump supporters on Jan. 6, 2021.
Similarly, in the classified documents case, where Trump was accused of violating the Espionage Act and obstructing justice, Smith also moved to end the appeal of a motion that previously dismissed the case. However, the DOJ will continue prosecuting Trump’s co-defendants, including his aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, who do not have immunity.
Despite these developments, Smith’s motion leaves open the possibility of future charges by dismissing the cases “without prejudice.” This means prosecutors could argue later that the statute of limitations on these charges should pause while Trump remains immune as president.
In a statement, Trump’s communications director, Steven Cheung, called the decision a victory: “Today’s decision ends the unconstitutional federal cases against President Trump and marks a major victory for the rule of law. The American people have re-elected President Trump with a clear mandate, and we look forward to ending the political weaponization of our justice system.”
Smith has announced plans to resign before Trump’s inauguration, though Trump has vowed to fire him immediately upon taking office. While Smith’s departure would effectively end his role in these cases, he may submit a report summarizing his findings, pending approval by Attorney General Merrick Garland.
This decision comes amidst evolving legal interpretations. A 1973 OLC memo stated that sitting presidents cannot be prosecuted, and the Supreme Court recently expanded that protection, ruling that former presidents also have broad immunity. Smith acknowledged the challenges of balancing constitutional principles, writing: “This case presents two compelling national interests: ensuring a president is unencumbered in fulfilling their duties, and the principle that no person is above the law.”
Ultimately, while Smith’s efforts brought significant legal scrutiny to Trump, his team has opted to step back in light of Trump’s upcoming inauguration and the DOJ’s longstanding policy, leaving future legal battles uncertain.