Special Counsel Smith Dismisses Last Remaining Case Against Trump

Special Counsel Smith Dismisses Last Remaining Case Against Trump

Mateo Guillamont
Mateo Guillamont
|
November 27, 2024

Special counsel Jack Smith has dismissed the last charges remaining against President-elect Donald Trump for allegedly seeking to overturn the 2020 election and wrongfully retaining classified documents. 

Special counsel Smith had been appointed by Attorney General Merrick Garland to prosecute Trump for these alleged crimes. 

Such charges have all been dropped, given the Department of Justice (DOJ) has a strict policy against prosecuting sitting presidents, which Trump is soon to become. 

“It has long been the position of the Department of Justice that the United States Constitution forbids the criminal prosecution of a sitting president,” writes Smith in his motion to dismiss his election interference case against Trump

The DC District Court later approved Smith’s motion. 

Trump celebrated the dismissal, characterizing the cases brought against him as “empty and lawless.”

“It was a political hijacking, and a low point in the History of our Country that such a thing could have happened, and yet, I persevered, against all odds, and WON,” said Trump

Conservative lawmakers have celebrated the charges’ dismissal. 

Several Florida Republicans, including Representatives Byron Donalds (R-FL), Anna Paulina Luna (R-FL), Mike Waltz (R-FL), and Senator Rick Scott (R-FL) celebrated on X (formerly Twitter), deriding the case Smith made as "lawfare" that was finally ending.

Yet Smith left the door open for future prosecution, as his filing to dismiss the charges “without prejudice” means that Trump could still be prosecuted once he leaves office. 

However, for now, the charges’ dismissal marks the end of a legal saga that saw charges brought, dismissed, and revived in a highly political criminal proceeding. 

Earlier this year, the Supreme Court tossed special counsel Smith’s case, arguing Trump is immune from criminal prosecution for official acts.

Writing for the majority, Chief Justice John Roberts argued President Trump has immunity for his "official" acts as president. 

Smith later circumvented the court by charging Trump, in his personal capacity, for allegedly committing conspiracy to defraud the US by attempting to reverse election results in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin.

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Mateo Guillamont

Mateo Guillamont

Mateo is a Miami-based political reporter covering national and local politics

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