Federal prosecutors have moved to dismiss two high-profile criminal cases against Donald Trump as he prepares to return to the presidency in January. Special counsel Jack Smith filed motions requesting the dismissal of cases related to Trump’s alleged efforts to overturn the 2020 election and his handling of classified documents after leaving office.
Smith cited a longstanding Department of Justice (DOJ) policy that prohibits the federal indictment or prosecution of a sitting president. Trump had pleaded not guilty in both cases.
“This outcome is not based on the merits or strength of the case against the defendant,” Smith wrote in a six-page filing in the election interference case. A judge must approve the dismissals for the cases to be formally closed.
The Election Interference Case
The first case concerns allegations that Trump attempted to overturn his 2020 loss to Joe Biden. Earlier this year, the Supreme Court ruled that a president is immune from prosecution for “official acts” performed during their term. Following this ruling, Smith refiled charges, arguing that Trump’s actions were tied to his campaign rather than his official duties. However, Trump’s victory in the 2024 presidential election made further prosecution moot under DOJ policy.
The Classified Documents Case
The second case involves accusations that Trump mishandled classified documents by storing them at his Mar-a-Lago resort in Florida and obstructing government efforts to retrieve them. Smith had accused Trump of retaining sensitive files after leaving the White House, but this case will also be dropped due to Trump’s return to the presidency.
Reactions to the Dismissals
Trump’s legal team hailed the development as a vindication of the rule of law. “The American people re-elected President Trump with an overwhelming mandate to Make America Great Again,” said Trump spokesperson Steven Cheung, adding that the cases represented “political weaponization” of the justice system.
Smith, appointed by Attorney General Merrick Garland in 2022 to oversee federal investigations into Trump, announced plans to step down next year. Trump, meanwhile, has pledged to remove Smith from his role upon taking office.
Broader Legal Implications
The dismissal of federal charges underscores the legal immunity afforded to sitting presidents, a principle enshrined in DOJ policy. Former federal prosecutor Neama Rahmani commented, “It’s well established that a sitting president can’t be prosecuted.”
Trump still faces legal challenges at the state level. In Georgia, he is charged with attempting to overturn the state’s 2020 election results, but delays have stalled proceedings. A New York state criminal conviction has also been put on indefinite hold.
Trump’s return to the presidency effectively halts active prosecutions, leaving unresolved cases in legal limbo. While critics decry the precedent, the legal system now faces the complex interplay between presidential immunity and accountability.
