Special counsel Jack Smith filed a motion Monday in D.C. District Court to drop the Jan. 6 case against President-elect Donald Trump with Judge Tanya Chutkan.
“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,” Smith’s motion said.
“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,” Smith’s motion said. “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 first secured a grand jury indictment in the election interference case 16 months ago.
A federal court in Florida previously ruled that Smith lacked standing to bring the classified documents case against Trump.
Trump responded on his Truth social account by railing against the prosecutors who brought cases against him:
These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million dollars of taxpayer dollars has been wasted in the Democrat Party’s fight against their political opponent, me.
Nothing like this has ever happened in our country before. They have also used state prosecutors and district attorneys, such as Fani Willis and her lover, Nathan Wade (who had absolutely zero experience in cases such as this, but was paid MILLIONS, enough for them to take numerous trips and cruises around the globe!); Letitia James, who inappropriately, unethically, and probably illegally, campaigned on ‘GETTING TRUMP’ in order to win political office; and Alvin Bragg, who himself never wanted to bring this case against me but was forced to do so by the Justice Department and the Democrat Party.
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. MAKE AMERICA GREAT AGAIN!
