Special Counsel Jack Smith has filed a motion to drop the election subversion and classified documents cases against President-elect Donald Trump, citing a Justice Department policy that prohibits charging a sitting president.
According to reports, Smith argued in a six-page filing that all charges must be dismissed before Trump’s inauguration on January 20, 2025.
Trump was previously indicted on four felony counts related to his efforts to overturn the 2020 election results, including the January 6 Capitol attack, as well as 37 felonies for mishandling classified documents.
Smith emphasized that while the Justice Department supports the validity of the charges, the Constitution temporarily shields sitting presidents from prosecution.
He clarified that this dismissal does not prevent the cases from being reopened after Trump leaves office.
Smith also noted the unprecedented situation of prosecuting a president-elect, acknowledging the gravity of the charges but affirming the necessity of dismissal under constitutional requirements.
Additionally, Smith and his team intend to resign before Trump takes office, following Trump’s repeated pledges to fire him as president.
