Special counsel Jack Smith seeks to dismiss criminal charges against Trump over 2020 election interference allegations
Smith indicated that he sought guidance from Justice Department officials regarding the possibility of proceeding with a prosecution against an individual who has been elected president.
TroibNews 
Special counsel Jack Smith is aiming to discontinue his criminal case against President-elect Donald Trump, who allegedly attempted to subvert the 2020 election. Smith states that a policy from the Justice Department prevents him from pursuing the case following Trump’s upcoming inauguration.
In a court filing made on Monday, Smith revealed that he consulted with officials at the Justice Department regarding the potential continuation of a prosecution against someone elected president. He noted that officials determined a long-standing rule against prosecuting a sitting president applies to Trump's pending cases.
“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 special counsel wrote.
However, Smith did indicate that there is a chance the Justice Department might reconsider the charges once Trump’s presidency concludes. He has requested U.S. District Judge Tanya Chutkan to dismiss the election-related case “without prejudice,” a term implying the possibility of the case being refiled later.
“The Constitution requires dismissal in this context, consistent with the temporary nature of the immunity afforded a sitting President,” Smith stated. He also emphasized that this constitutional immunity does not necessitate dismissal “with prejudice,” a term denoting a case's permanent closure.
Nonetheless, reviving the case post-Trump’s term in January 2029 could be fraught with complications, including potential statute of limitations issues and the likelihood of Trump leveraging his presidency to further undermine the case or secure a self-pardon regarding the alleged offenses.
By the end of his term, the allegations — involving Trump’s supposed conspiracy to overturn Joe Biden's 2020 election win and incite violence on January 6, 2021 — would be nearly eight years old. Changes such as witness availability and the fading of memories could pose additional obstacles, and it remains uncertain whether the Justice Department would be inclined to pursue the matter against a former president who would be 82 at that time.
Smith's attempts to expedite Trump's trial faced numerous setbacks, particularly during a prolonged appeal at the Supreme Court concerning Trump's claim of immunity from charges. The situation shifted significantly once Trump won the 2024 election. Even if Smith had not chosen to drop the case, Trump had consistently vowed to dismantle Smith's office immediately after assuming power, with his attorney general poised to terminate the case if it remained active.
The concerns expressed in Smith’s filing regarding the case's strength may be a strategy to fortify the defenses of prosecutors involved if Trump follows through on his threats to dismiss them or to file criminal charges against them.
A representative from Smith’s office declined to provide comments beyond the contents of the filing. Trump's team has agreed to the motion for dismissal and does not seem to be advocating for a more permanent closure of the case. A spokesperson for Trump heralded the filing as “a major victory for the rule of law.”
The dismissal will not take effect until it receives approval from Chutkan, who has been overseeing the case since its initiation in August 2023. Typically, judges grant such motions expeditiously when presented by the government, though there have been instances where a judge has scrutinized the rationale behind the dismissal.
Emily Johnson for TROIB News
In a court filing made on Monday, Smith revealed that he consulted with officials at the Justice Department regarding the potential continuation of a prosecution against someone elected president. He noted that officials determined a long-standing rule against prosecuting a sitting president applies to Trump's pending cases.
“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 special counsel wrote.
However, Smith did indicate that there is a chance the Justice Department might reconsider the charges once Trump’s presidency concludes. He has requested U.S. District Judge Tanya Chutkan to dismiss the election-related case “without prejudice,” a term implying the possibility of the case being refiled later.
“The Constitution requires dismissal in this context, consistent with the temporary nature of the immunity afforded a sitting President,” Smith stated. He also emphasized that this constitutional immunity does not necessitate dismissal “with prejudice,” a term denoting a case's permanent closure.
Nonetheless, reviving the case post-Trump’s term in January 2029 could be fraught with complications, including potential statute of limitations issues and the likelihood of Trump leveraging his presidency to further undermine the case or secure a self-pardon regarding the alleged offenses.
By the end of his term, the allegations — involving Trump’s supposed conspiracy to overturn Joe Biden's 2020 election win and incite violence on January 6, 2021 — would be nearly eight years old. Changes such as witness availability and the fading of memories could pose additional obstacles, and it remains uncertain whether the Justice Department would be inclined to pursue the matter against a former president who would be 82 at that time.
Smith's attempts to expedite Trump's trial faced numerous setbacks, particularly during a prolonged appeal at the Supreme Court concerning Trump's claim of immunity from charges. The situation shifted significantly once Trump won the 2024 election. Even if Smith had not chosen to drop the case, Trump had consistently vowed to dismantle Smith's office immediately after assuming power, with his attorney general poised to terminate the case if it remained active.
The concerns expressed in Smith’s filing regarding the case's strength may be a strategy to fortify the defenses of prosecutors involved if Trump follows through on his threats to dismiss them or to file criminal charges against them.
A representative from Smith’s office declined to provide comments beyond the contents of the filing. Trump's team has agreed to the motion for dismissal and does not seem to be advocating for a more permanent closure of the case. A spokesperson for Trump heralded the filing as “a major victory for the rule of law.”
The dismissal will not take effect until it receives approval from Chutkan, who has been overseeing the case since its initiation in August 2023. Typically, judges grant such motions expeditiously when presented by the government, though there have been instances where a judge has scrutinized the rationale behind the dismissal.
Emily Johnson for TROIB News
