Jack Smith Drops Jan. 6 Charges Against Donald Trump
by Molly Bohannon · ForbesTopline
Department of Justice Special Counsel Jack Smith asked a judge Monday to dismiss four felony charges against President-elect Donald Trump related to his efforts to overturn the 2020 election—marking a formal request to end the landmark prosecution before Trump retakes office.
Key Facts
Smith said the charges against Trump must be dismissed before he’s inaugurated in January due to the DOJ’s decades-old policy of not prosecuting sitting presidents.
The filing said the DOJ 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.”
On Nov. 8—three days after Trump was elected the next president—U.S. District Judge Tanya Chutkan paused all deadlines in the federal case upon Smith’s request, and Smith said he would provide a status report on Dec. 2 about how he would proceed.
In the request to pause the case, Smith said the government needed “time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
What To Watch For
Smith may ask for his other case against Trump for withholding classified documents after leaving office to be dropped. Based on Monday’s filing stating “the prohibition on federal indictment and prosecution of a sitting President” applies to the election subversion case, Smith will likely ask for that case—which he requested be paused on Nov. 13—to be dismissed, as well.
Key Background
Trump was charged by the Justice Department in August 2023 with trying to overturn his 2020 election loss, one of four indictments brought against Trump at the state and federal level—a historic move, marking the first time a former president has faced criminal charges. Trump attempted to have the charges thrown out by arguing he had “presidential immunity,” and the Supreme Court ultimately sided with him, ruling mostly in his favor by saying he could not be charged for any activities that were “official” presidential duties. After the court’s ruling, Smith’s team issued a new, slimmed down indictment against Trump in August for the same four felonies. The second indictment more clearly argued Trump was not acting as president in his efforts to overturn the election, but was acting as a presidential candidate.