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By Jon Jackson and Matthew Impelli
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Special counsel Jack Smith on Monday said that he is dropping his election subversion case against President-elect Donald Trump.
Smith filed a motion to drop all four felony charges against Trump in connection with his efforts to overturn his 2020 presidential election and his alleged role in the January 6, 2021, attack on the U.S. Capitol.
"The (Justice) Department's position is that the Constitution requires that this case be dismissed before the defendant is inaugurated," Smith wrote in a 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 court filing added.
Smith also moved on Monday to throw away the classified documents case against Trump.
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The Cases Against Trump
Trump was indicted on four counts of allegedly working to illegally interfere in the results of the 2020 election in the run-up to the January 6, 2021 riot at the U.S. Capitol. The president-elect has pleaded not guilty and has said the case is part of a political witch hunt. He accused Smith of attempting to interfere in the 2024 presidential election by prosecuting him.
The 2020 election case, filed last year, was initially regarded as a significant legal challenge to the Republican's bid to return to the White House. However, it has since stalled, bogged down by legal disputes over Trump's broad assertions of immunity for actions taken during his presidency.
In a landmark decision in July, the U.S. Supreme Court affirmed that former presidents have broad immunity from prosecution. The case was sent back to U.S. District Judge Tanya Chutkan to evaluate which, if any, of the indictment's allegations could move forward to trial.
In the weeks leading up to this year's election, momentum in the trial court began to build. In October, Smith's legal team filed an extensive brief presenting new evidence intended for trial. The filing accused Trump of "resorting to crimes" in a growingly desperate attempt to overturn the results of the election after his loss to President Joe Biden.
Trump was also facing 40 federal charges in Judge Aileen Cannon's court over his alleged handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. He was also accused of obstructing efforts by federal authorities to retrieve them.
Trump's 2024 Presidential Victory
However, Trump's win in the 2024 presidential election prompted questions over Smith's investigation as sitting presidents cannot be prosecuted, which would push the case to 2029 under the Department of Justice rules.
Tump has already vowed to have Smith immediately fired as soon as the Republican takes office in January 2025.
Trump's Response
In a statement following the filing on Monday, Trump's communications director Steven Cheung said, "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. 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."
This article includes reporting from the Associated Press.
Update 11/25/24 2:25 p.m. ET: This story has been updated with further information.
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