Special Counsel Jack Smith formally moved on Monday, November 25, 2024, to dismiss two high-profile criminal cases against President-elect Donald Trump, citing a longstanding Department of Justice policy that bars the prosecution of a sitting president. The cases, which alleged Trump plotted to overturn the 2020 election and unlawfully retained classified documents, marked unprecedented legal action against a former U.S. president and dominated political discourse over the past year.
In a court filing, Smith emphasized that the DOJ’s prohibition on prosecuting a sitting president is categorical, regardless of the severity of the allegations. “The prohibition 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,” Smith wrote in his motion to dismiss the election-interference case.
Judge Tanya Chutkan quickly granted the request, allowing the case to be dismissed “without prejudice,” leaving open the possibility that a future prosecutor could revive the charges. Similarly, Smith dropped his appeal in the classified documents case after a Trump-appointed federal judge in Florida had earlier ruled that Smith’s appointment was unlawful.
Trump responded to the developments on social media, calling the cases “empty and lawless” and asserting they should never have been brought.
Trump became the first former U.S. president to face criminal charges, with federal cases joined by state prosecutions in New York and Georgia. The federal indictments accused Trump of pressuring officials, including then-Vice President Mike Pence, to overturn the results of the 2020 election, and of unlawfully retaining sensitive government documents at his Mar-a-Lago residence.
These prosecutions unfolded while Trump campaigned for a return to the White House, complicating the timeline for resolution. Legal experts noted that the cases were unlikely to reach final verdicts before the 2024 presidential election due to the late timing of indictments and Trump’s defense team’s aggressive delay tactics.
With the federal cases dismissed, attention now shifts to two remaining state prosecutions.
In New York, Trump was convicted earlier this year on 34 state felony charges related to hush money payments. While sentencing was initially scheduled for this week, the matter is now on hold as Manhattan District Attorney Alvin Bragg weighs delaying further proceedings until Trump completes his upcoming term in office.
In Georgia, a state-level election-interference case against Trump has stalled as a state appeals court reviews a motion to disqualify Fulton County District Attorney Fani Willis. The case also faces legal and practical hurdles stemming from Trump’s election, as well as a Supreme Court ruling earlier this year that expanded presidential immunity for actions taken as part of official duties.
The dismissal of the federal cases reflects the complexities of prosecuting a president-elect. While DOJ policy historically shields sitting presidents from prosecution, Smith noted the unique nature of the Trump indictments, as he was a private citizen when charged. Nonetheless, internal deliberations within the DOJ led to the conclusion that the policy required the cases to be dropped before Trump’s inauguration.
Smith’s special counsel team has spent over $35 million investigating and prosecuting Trump since its inception in November 2022, and Smith is expected to step down before Trump’s swearing-in. His final report, detailing the investigation’s findings, could be released to the public at the discretion of Attorney General Merrick Garland.
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