- Jack Smith wants to end his major criminal case against Donald Trump.
- Trump was facing prosecution over his actions to try to overturn the 2020 election results.
- Smith said Trump’s 2024 victory necessitates ending the prosecution before he is sworn in.
In back-to-back filings on Monday, special counsel Jack Smith sought permission from federal judges to abandon both of his cases against President-elect Donald Trump.
Smith said the long-standing Justice Department policy against prosecuting a sitting president necessitated ending his DC-based 2020 election-interference case and the Florida-based case alleging Trump improperly retained classified documents from his first administration.
Smith’s move to dismiss both cases likely spells their end, though theoretically either case could be revived in four years.
“The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” Smith wrote in relation to the election-interference case.
“And although the Constitution requires dismissal in this context, consistent with the temporary nature of the immunity afforded a sitting President, it does not require dismissal with prejudice,” Smith wrote in the filing.
Trump greeted the news with a parting shot at the “political weaponization” that he said allowed the cases to be filed to begin with.
“The American People re-elected President Trump with an overwhelming mandate to Make America Great Again,” Steven Cheung wrote in a press statement.
“Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law. 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.”
Smith said Trump’s attorneys agree with his move to dismiss.
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