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As Donald Trump prepares to take office as president-elect, U.S. Special Counsel Jack Smith has announced plans to dismiss all four felony charges against him.
In a statement, Smith’s office clarified that while the DOJ’s stance on the validity of the charges remains unchanged, the decision to drop the case aligns with the Justice Department’s position that a sitting president cannot face criminal prosecution. The charges, originally filed in August 2023, related to Trump’s attempts to overturn the 2020 election results and his involvement in the January 6 Capitol riot.
Trump had been indicted on charges of conspiracy to defraud the United States, obstruction of an official proceeding, and conspiracy against rights. However, the legal proceedings were temporarily halted after Trump’s defense team argued that, as president, he could not be prosecuted. Smith reinforced that this immunity does not depend on the severity of the crimes or the strength of the evidence, but is a constitutional prohibition.
The decision follows a July Supreme Court ruling that upheld Trump’s presidential immunity, which further complicated the prosecution.
Despite being re-indicted in August for allegedly spreading false claims about voter fraud, Trump has consistently denied wrongdoing and pleaded not guilty. His spokesman, Steven Cheung, hailed the decision as a victory for Trump, claiming it ended unconstitutional cases against him.
Smith’s team acknowledged the challenge of balancing the rule of law with the national interest, emphasizing that no one is above the law. Smith, who plans to resign before Trump’s inauguration, will submit a final report to the attorney general.
While Trump’s legal case is set to conclude, the DOJ remains focused on prosecuting the most serious offenders involved in the January 6 riot. Trump has signaled he may pardon some of those rioters, describing them as “patriots” and “political prisoners.”
On January 20, 2025, Trump is expected to be sworn in as president, marking his return to office.
