Jack Smith Files to Dismiss Jan. 6 Charges Against Donald Trump Before Inauguration

Washington, D.C. — Special counsel Jack Smith requested the dismissal of charges against President-elect Donald Trump related to alleged efforts to subvert the 2020 election and January 6, 2021 events.

The motion comes after Trump’s victory in the 2024 presidential election. It cites longstanding legal precedent that prohibits the indictment and prosecution of a sitting U.S. president.

In addition to the motion, Smith’s legal team moved to end its appeal of a Florida judge’s decision to dismiss a classified document case against Trump, which had previously been regarded as one of the strongest indictments against the Republican leader.

Special counsel Jack Smith cited precedent and Donald Trump’s election win in moving to dismiss charges. AFP via Getty Images

Smith’s filing emphasised the Department of Justice’s historical position, asserting that the Constitution precludes federal indictment and prosecution of a sitting president. “The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” the motion stated, clarifying that the decision was not based on the strength of the case itself.

Trump, 78, was charged with conspiracy to obstruct an official proceeding, obstruction of an official proceeding, conspiracy against rights, and conspiracy to defraud the United States. The indictment marked a significant moment in American history, as he became the first U.S. president—current or former—to face criminal charges.

In response, Trump and his legal team have repeatedly dismissed the investigations as politically motivated. “The American People and President Trump want an immediate end to the political weaponisation of our justice system,” Trump’s team said, expressing optimism about uniting the country.

The legal battles began in late 2022 when Attorney General Merrick Garland appointed Smith to oversee two critical Justice Department investigations into Trump.

These focused on his alleged attempts to overturn the 2020 election results and his handling of classified documents after leaving office in 2021. In August 2023, Smith secured an indictment against Trump related to election interference, but the case faced delays as Trump’s legal team argued for presidential immunity. The argument eventually reached the U.S. Supreme Court, which upheld the principle of “absolute” immunity for official presidential actions, though it did not specifically address whether Trump’s conduct was covered. In response, Smith’s team adjusted the charges with a superseding indictment.

Trump also faced 40 criminal counts related to his alleged retention of classified documents after leaving office. This case, seen as particularly strong by legal experts, was dismissed by a Florida judge in July. Smith’s team had explored options to revive the case before the election but filed a motion Monday to withdraw their appeal.

Beyond federal cases, Trump was also hit with state-level indictments, including a 34-count Manhattan case regarding hush-money payments and a 10-count Georgia case alleging election interference.

Trump will be sworn back into office on Jan. 20, 2025. AP

He was convicted in the Manhattan case, but Manhattan Supreme Court Justice Juan Merchan has indefinitely delayed sentencing. He hinted that the case could be dismissed following Trump’s presidential victory. Meanwhile, the Georgia case remains mired in litigation over issues involving Democratic Fulton County District Attorney Fani Willis.

Throughout his legal battles, Trump has maintained his innocence, pleading not guilty to all charges and accusing prosecutors of orchestrating a “witch hunt” against him. With 91 charges at their peak, the legal challenges once posed significant obstacles to his political ambitions.

Now, as he prepares to return to the presidency, Trump has suggested he might consider granting pardons to individuals convicted for their involvement in the January 6 Capitol riot.

As the legal landscape clears in Trump’s favour, attention now shifts to his upcoming term in the White House and the policies he may pursue in light of these unprecedented events.