Special counsel Jack Smith has filed to dismiss all federal charges against President-elect Donald Trump
Special counsel Jack Smith has filed to dismiss all federal charges against President-elect Donald Trump, citing the Justice Department’s policy that a sitting president cannot be prosecuted. This decision comes as Trump prepares to take office again, following his victory in the 2024 presidential election.
Trump initially faced two sets of federal indictments: one in June 2023 for mishandling classified documents and another in August 2023 for his efforts to overturn the 2020 election results, culminating in the January 6 Capitol attack. The charges included conspiracy to obstruct justice, willful retention of national defense information, and conspiracy against rights. Trump pleaded not guilty to all charges, calling the cases politically motivated.
Smith’s office emphasized in its filing that the decision to dismiss is based on DOJ policy, not on the merits of the case. “The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have,” the filing stated. The policy, established during the Watergate scandal, is meant to allow sitting presidents to govern without legal interference and defers accountability to Congress through impeachment.
The dismissal marks a historic moment, as Trump becomes the first president to face federal charges for attempting to retain power and mishandling classified documents—only to have the cases dropped due to his reelection. Smith reiterated the Justice Department’s full confidence in its evidence but acknowledged the constitutional constraints of prosecuting a sitting president.
This is not the first time DOJ policy has shielded Trump. During Robert Mueller’s investigation into Russian interference in the 2016 election, the same policy prevented Trump from being charged. As with Mueller’s findings, the unresolved questions about accountability now fall to Congress and the court of public opinion.
