Special Counsel Jack Smith has moved to dismiss all felony charges against President-elect Donald Trump related to the 2020 election interference and classified document cases, citing a longstanding Justice Department policy that prevents the prosecution of sitting presidents. Smith’s filings, which have been anticipated since Trump’s reelection earlier this month, conclude a year marked by significant legal scrutiny by the DOJ.
Smith’s motion highlighted that the unprecedented situation, where a private citizen’s indictment coincides with their election as president, necessitates this course of action.
“The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” Smith wrote in the filing, according to CNN. “This outcome is not based on the merits or strength of the case against the defendant.”
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“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,” the filing continues. “Based on the Department’s interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment.”
The “without prejudice” distinction means that charges could potentially be refiled after Trump’s second term, although legal experts suggest this is unlikely.
Steve Cheung, Trump’s communication director, hailed the dismissal as a victory for the rule of law, asserting that the American public re-elected Trump with a mandate that rejects the political weaponization of the justice system.
“The American People re-elected President Trump with an overwhelming mandate to Make America Great Again. Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law,” Cheung said. “The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”
Trump himself characterized the legal actions against him as politically motivated and condemned them as a waste of taxpayer money.
These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME. Nothing like…
— Donald J. Trump (@realDonaldTrump) November 25, 2024
The Justice Department maintains that the dismissal is not a reflection of the evidence against Trump but is purely a constitutional matter. Smith further indicated that while these cases against Trump must be dismissed, the investigations into his co-defendants will continue.
The filings have been made in both the D.C. court regarding election interference and in Florida regarding the classified documents case.
Connor Walcott is the lead writer for Valuetainment.com. Follow Connor on X and look for him on VT’s “The Unusual Suspects.”
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