On Monday, Nov. 25, special counsel Jack Smith moved to drop charges against President-elect Donald Trump in two federal cases. The first case involves Trump’s alleged mishandling of classified documents at his Florida home after he left the White House. The second case concerns accusations of an election subversion plot to overturn the 2020 election results.
Smith said he consulted with the Justice Department’s Office of Legal Counsel. The department determined “this prosecution must be dismissed before the defendant is inaugurated.”
“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting president,” Smith wrote in the motion.
“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,” Smith added.
In both filings, Smith asked the judges to dismiss the cases “without prejudice.” That means charges could be refiled after Trump leaves office in 2029.
Trump had pleaded not guilty to all charges in both cases.
Trump’s communications director, Stephen Cheung, released a statement.
“The American people re-elected President Trump with an overwhelming mandate to make America great again,” Cheung wrote. “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.”
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