BREAKING UPDATE: Jack Smith files to drop all charges against President Trump in J6 case and appeal in Mar-a-Lago case

In a Monday court filing, special counsel Jack Smith filed to drop all charges in the January 6 case against Presdient-elect Donald Trump. Smith also filed a motion with the US Court of Appeals for the Eleventh Circuit Monday to drop the classified documents case appeal that has been ongoing since Judge Aileen Cannon had dismissed the case in July. 

"As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025. It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President."

"But the Department and the country have never faced the circumstance here, where a federal indictment against a private citizen has been returned by a grand jury and a criminal prosecution is already underway when the defendant is elected President."

Smith wrote that "after careful consideration, the Department has determined that" the Justice Department’s Office of Legal Counsel’s "prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated."

"That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind. Based on the Department’s interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment under Federal Rule of Criminal Procedure 48(a). The Government has conferred with defense counsel, who does not object to this motion," the motion stated. Smith asked that the charges be dismissed without prejudice. 

Smith's filing with the Appeals Court cited his filing in the January 6 case, writing, "As a result of the election held on November 5, 2024, defendant Donald J. Trump will be inaugurated as President on January 20, 2025. For the reasons set forth in United States v. Trump, No. 23-cr-57, ECF No. 281 (D.D.C.) (filed Nov. 25, 2024) (moving to dismiss criminal prosecution as to defendant Trump in the United States District Court for the District of Columbia), the United States of America moves, pursuant to Federal Rule of Appellate Procedure 42 and Eleventh Circuit Rule 42-1, to dismiss the appeal in this case as to defendant Trump."

This comes as state-level cases have been placed in limbo following Trump's Election Day victory. The falsified business records case from Manhattan District Attorney Alvin Bragg has indefinitely been placed on hold, with no sentencing being issued. A Georgia hearing set for whether Fulton County DA Fani Willis can remain on the state election case against Trump has been canceled.

Trump communication’s director Steven Cheung said, "The American People re-elected President Trump with an overwhelming mandate to Make America Great Again. 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."

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Smith Motion to Dismiss by Hannah Nightingale on Scribd