As president-elect, Donald Trump, is set to assume office, the United States special counsel for the Department of Justice, Jack Smith, is set to dismiss all four felony charges against him.
“The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have,” Smith’s office wrote, adding that the decision aligns with the Justice Department’s position that a sitting president cannot be charged.
The charges were linked to Trump’s efforts to overturn the 2020 election and the January 6 attack on the U.S. Capitol.
Trump was first indicted in August 2023 on charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights.
The case was paused as Trump’s legal team argued he could not be prosecuted.
“That prohibition is categorical and 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 added.
The dismissal comes after a Supreme Court ruling in July upheld Trump’s presidential immunity.
A federal grand jury re-indicted him in August, accusing him of making “unsupported, objectively unreasonable, and ever-changing” claims about voter fraud, which Trump “knew were false.”
Trump has never conceded these claims were false and pleaded not guilty. Spokesman Steven Cheung stated, “Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump and is a major victory for the rule of law.”
Smith’s team described being caught between “two fundamental and compelling national interests,” adding, “No man in this country is so high that he is above the law.”
Smith plans to resign before Trump’s inauguration and submit a report to the attorney general.
Meanwhile, the Justice Department is focused on prosecuting “the most egregious” January 6 rioters before Trump takes office.
Trump has vowed to pardon some rioters, calling them “warriors,” “patriots,” and “political prisoners.”
On January 20, 2025, he is expected to walk through the lower west tunnel, where some of the worst January 6 violence occurred, to be sworn in as president.