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In a historic turn of events, Special Counsel Jack Smith has filed motions to drop all federal charges against President-elect Donald Trump. The charges stemmed from Trump’s handling of classified documents and his efforts to overturn the 2020 presidential election results, which culminated in the January 6 attack on the U.S. Capitol.
Trump first faces an indictment in June 2023 for 37 counts of felony charges on mishandling classified documents he took from the White House to his Florida residence. These include willful retention of national defense information, making false statements, and conspiracy to obstruct justice. A Florida judge had dismissed the case, but smith’s office sought an appeal.
In August 2023, Trump also was indicted on four counts of felony charges for attempting to overturn the results of the 2020 election. Charges against Trump include conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. The case has been put on hold as Trump’s legal team argues that a former president cannot be prosecuted for actions taken while in office.
Trump has denied the prosecutions are political, and has never publicly recognized that his claims about the election were false. He has pleaded not guilty to both of the federal
cases.
The federal indictments, when they were unsealed, marked an unprecedented moment in American history, marking the first time a president had been accused of attempting to hold onto power illegally, mishandling classified information, and attempting to obstruct a federal investigation. The acquittal of these charges also presents a historic moment, with Trump expected to reclaim the presidency following a win in the 2024 election.
Trump’s election victory means that the longstanding Justice Department position that a sitting president cannot be charged with a crime will now apply to him starting January 20, 2025. Smith’s office said the prohibition is absolute and does not turn on the severity of the crimes charged, the strength of the government’s proof, or the merits of the prosecution.
This DOJ policy allows Congress to impeach a president for committing crimes, while prohibiting the prosecution of sitting presidents so that they may carry out the duties of their office without legal impedance. That was the same policy that got Trump off scot- free when charges had been expected during Robert Mueller’s special counsel probe in his first presidency.
After Trump’s re-election, Smith’s office was put in an awkward position – either follow the rule of law or make sure that the president can carry out his duties. Smith and his team intend to resign before Trump enters office; he will be obligated to submit a report explaining his charging decisions.
It was made possible by conservative judges on the Supreme Court, who bestowed absolute immunity from prosecution on Trump in a July ruling. It meant that the federal judge presiding over the case could not try it before the election.
Trump’s spokesman Steven Cheung called the DOJ’s decision a big win for the rule of law and hoped it marked the end of political weaponization of the justice system. As Trump readies his administration, the Justice Department is primarily working to jail the worst Jan. 6 rioters; Trump is likely to pardon some of them.
