Jack Smith asks for January 6 case against Donald Trump to be dismissed

WASHINGTON – Justice Department special counsel Jack Smith asked Monday to dismiss the criminal case against President-elect Donald Trump Down allegedly trying to steal the 2020 election.

The motion was expected after Smith asked U.S. District Judge Tanya Chutkan to stay all deadlines in the case. The department’s long-standing policy prohibits prosecution of sitting presidents, so Smith was expected to end both federal cases against Trump after he won the Nov. 5 election and returned to the White House.

“The Department of Justice has long held the position that the United States Constitution prohibits the bringing of a federal indictment and subsequent criminal prosecution of a sitting president,” Smith wrote in his six-page document. “This prohibition is categorical and does not affect the gravity of the crimes charged, the strength of the evidence presented by the Government or the merits of the accusation, which the Government fully supports.”

Trump spokesman Steven Cheung said the American people have demanded an end to the arming of the Justice Department, which was reflected in Trump’s election victory.

“Today’s decision by the Department of Justice ends the unconstitutional federal cases against President Trump and represents a major victory for the rule of law,” Cheung said.

Chutkan did not immediately rule on the request, but Trump’s lawyers did not oppose it.

Smith also withdrew an appeal to dismiss allegations that Trump mishandled classified documents after leaving the White House at the end of his first term.

U.S. District Judge Aileen Cannon dismissed the charges ruling, Smith was unlawfully appointed. Smith appealed the decision to the 11th U.S. Circuit Court of Appeals, but withdrew his appeal on Monday.

The election interference charges accused Trump of conspiring to induce state lawmakers to replace the state’s presidential electors with Republicans, even though Democrat Joe Biden won the state. Trump was also charged with obstructing Congress for encouraging a crowd of supporters protest at the Capitol on January 6, 2021, as lawmakers counted the Electoral College votes to confirm Biden’s victory.

Chutkan was in the process of considering whether Trump was immune from federal charges under Art July judgment of the Supreme Court. The Supreme Court has decided that former presidents are presumed to be immune from criminal charges for their official duties but are vulnerable to charges for their private actions.

Trump argued that he was acting in his official capacity when he urged then-Vice President Mike Pence to reject Democratic electors from key states and replace them with GOP electors, and when he encouraged federal and state officials to make baseless claims of election fraud. But Smith claimed he acted in private for their own good through electioneering to stay in office.

What will happen to other criminal cases against Trump?

Trump still faces uncertainty on two state-level issues in New York and Georgia, but neither case is expected to interfere with his presidency.

In New York, Judge Juan Merchan postponed sentencing indefinitely for Trump’s conviction on 34 counts of falsifying trade records.

Manhattan District Attorney Alvin Bragg asked Merchan to defer sentencing until after Trump’s presidential term. But legal experts say it could violate Trump’s right to a speedy trial. Trump’s lawyers asked Merchan to completely dismiss the convictions.

In Georgia, The Court of Appeal canceled the scheduled hearing on December 5 for Trump’s argument that Fulton County District Attorney Fani Willis should be removed from the case because of her romantic relationship with another prosecutor.

Fulton County Chief Judge Scott McAfee has not set a trial date in the case pending a decision on the appeal. However, McAfee is not expected to lead Trump’s trial while he serves in the White House.