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Jack Smith Seeks to Drop Trump Cases on 2020 Election and Classified Documents
Special counsel cites constitutional limits as DOJ ends high-profile prosecutions against President-elect Trump.
Special Counsel Jack Smith has moved to dismiss his cases against President-elect Donald Trump related to the 2020 election and the handling of classified documents. The filings, submitted Monday, cite constitutional and policy barriers to prosecuting a sitting president as the basis for the decision.
Smith’s filing to dismiss the 2020 election case was unequivocal: the Department of Justice maintains that prosecuting a sitting president is unconstitutional. In the motion, Smith acknowledged that the dismissal is unrelated to the strength of the evidence.
“The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” Smith wrote, adding, “This outcome is not based on the merits or strength of the case against the defendant.”
He emphasized that the decision to withdraw the case is not a reflection of the charges’ gravity, the strength of the government’s proof, or the merits of the prosecution. Instead, it is driven by the Department’s interpretation of constitutional constraints.
In tandem, Smith also moved to dismiss his appeal seeking to revive the case against Trump for allegedly retaining classified documents at Mar-a-Lago. That case, like the 2020 election case, had drawn significant attention and was a central focus of attacks from Trump and his supporters, who decried the charges as politically motivated.
The Trump team wasted no time in claiming victory. Steven Cheung, a spokesman for Trump, released a statement praising the DOJ’s decision to drop the cases.
“This is a major victory for the rule of law,” Cheung declared. “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.”
Cheung framed the dismissal as vindication for Trump’s long-standing assertions of innocence and his allegations that the Department of Justice had been weaponized against him for political purposes.
Smith initially charged Trump with four felonies tied to his actions after the 2020 election, including conspiracy to defraud the United States, obstruction of an official proceeding, and conspiracy against rights. Trump also faced scrutiny for allegedly keeping classified documents after his presidency ended, with accusations that he violated the Presidential Records Act.
From the beginning, Trump denied any wrongdoing, characterizing the cases as politically driven attacks intended to undermine his leadership and campaign. The cases became a flashpoint in the national conversation about the justice system’s role in politics, with critics decrying Smith’s prosecution as an abuse of power.
The dismissal of these cases paves the way for Trump to take office in January without the legal battles looming over his presidency. For many Americans, this development underscores the need to address the politicization of federal institutions and rebuild trust in the justice system.
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