Jack Smith Drops Charges Against Trump, Says 'Circumstances' Have 'Changed'

Special Counsel Jack Smith submitted a motion Monday in a federal court in Washington, D.C., to dismiss all four felony charges against President-elect Donald Trump regarding alleged interference in the 2020 election.

“The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have as a result of the election held on November 5, 2024. The defendant will be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” the motion states.

“This sets at odds two fundamental and compelling national interests: on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities… and on the other hand, the Nation’s commitment to the rule of law and the longstanding principle that ‘[n]o man in this country is so high that he is above the law,’” the document continues.

Smith’s office clarified that, consistent with the Justice Department’s long-standing position that a sitting president cannot face prosecution, the charges would need to be dropped.

In response, Trump spokesman Steven Cheung issued a statement: “Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump and is a major victory for the rule of law. 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.”

Smith had charged Trump with obstruction of an official proceeding, conspiracy to defraud the United States, and conspiracy against rights as part of the 2020 election interference case filed in Washington, D.C.

However, a Supreme Court ruling in July determined that presidents are immune from prosecution for official acts conducted while in office. This decision required Smith to revise his indictment, delaying a potential trial until after the election.

In a separate case in Florida, Smith indicted Trump on charges of retaining classified documents related to national defense, obstruction, and making false statements. However, Judge Aileen Cannon ruled in July that the DOJ’s appointment of Smith as special counsel was unconstitutional, stating that the appointment required congressional approval. The DOJ has since appealed this ruling to the 11th U.S. Circuit Court of Appeals.

It is expected that Smith’s office will also move to dismiss the documents case.

NBC News reported, citing a source, that Smith and his team intend to resign before Trump takes office.

This leaves two state criminal cases still pending against the president-elect.

Last Friday, New York Judge Juan Merchan removed the sentencing hearing from the court calendar in Trump’s business records case brought by Manhattan District Attorney Alvin Bragg. The judge is now allowing Trump’s attorneys to file a motion to dismiss the case.

Meanwhile, Fulton County, Georgia, District Attorney Fani Willis’ 2020 election interference case remains at the state Court of Appeals. An order issued on November 18 postponed oral arguments until further notice.