Special Counsel Jack Smith has moved to dismiss all charges against Trump in the election interference case, citing constitutional barriers to prosecuting a sitting president. This decision comes in light of Trump’s upcoming inauguration following the November 5, 2024, election. The motion, based on the Department of Justice’s stance and the Office of Legal Counsel’s advice, argues that prosecuting a president, even one elected during an ongoing trial, is unconstitutional.
A statement released by Trump’s Communications Director, Steven Cheung, notes;
“The American people re-elected President Trump with an overwhelming mandate to Make America Great Again. Today’s decision by the DOJ ended the unconstitutional federal cases against President Trump and was 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.”
Today’s decision by the DOJ ended the unconstitutional federal cases against President Trump and was a major victory for the rule of law.
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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.”
In 2023, Jack Smith brought two federal criminal cases against Trump. The first alleged a conspiracy to overturn Joe Biden’s 2020 election victory, while the second accused Trump of illegally retaining classified documents at Mar-a-Lago and obstructing federal efforts to recover them. Smith’s motion emphasizes that the decision to dismiss does “not turn on the gravity of the charges or strength of the evidence,” maintaining that the government stands by the merits of the case.
While the cases are being dismissed based on constitutional grounds, the decision has raised questions about the ability to hold high-ranking officials accountable. Trump’s inauguration will take place on January 20, as he prepares to return to the White House.
