Former President Trump: Charges Dropped
In a dramatic about-face, U.S. District Judge Tanya Chutkan dismissed 2020 election charges against former President Donald Trump, at the request of Special Counsel Jack Smith. The move comes as Trump is expected to be sworn into office for a second term after having recently won an election. The move also aligns with longstanding Justice Department policy that a sitting president cannot be prosecuted.
In an uncommon court filing, Smith wrote, “After careful consideration, the department has determined that [the Office of Legal Counsel’s] prior opinions addressing the Constitution’s prohibition on federal indictment and prosecution of an incumbent president apply to this case. As a result, this prosecution must be dismissed before the defendant takes office.”
Smith explained that the bar did not pertain to the severity of charges at issue, strength of proof, nor merits of the case.
Unparalleled Legal Environment
The special counsel recognized the novelty of the circumstances and noting this is the first time that a federal criminal indictment of a private citizen has been allowed to pend while a defendant seeks the presidency. After consulting the DOJ’s Office of Legal Counsel, Smith concluded the matter must be dismissed but asked that it be done “without prejudice,” meaning it can be re-filed at any point after Trump’s term expires in January 2029.
The district judge, Judge Chutkan, granted it, writing in a brief opinion that dismissal was consistent with the government’s view that presidential immunity is temporary and expires when a president leaves office.
Trump Campaign Response
Steven Cheung, spokesman for Trump, hailed the dismissal thus: “The American people have re-elected President Trump by overwhelming mandate to make America great again. Today’s ruling concludes the unconstitutional federal cases against President Trump and represents a major victory for the rules-based legal order.”.
Overview of Case and Prior Legal History
Smith was appointed in 2022 by Attorney General Merrick Garland to oversee two federal investigations involving Trump, including one into the handling of classified documents and another into attempts to reverse the outcome of the 2020 election. The election case yielded a four-count indictment charging Trump, along with unnamed co-conspirators, with conspiring to defraud the United States by undermining the legitimacy of the election and obstructing the certification of electoral votes. Trump pleaded not guilty to all charges.
The case had been put on ice after Trump’s lawyers argued that he was cloaked with immunity from prosecution over his actions as president. But lower courts renounced that, and the Supreme Court since ruled in July that criminal immunity of a sitting president extends only to official acts taken in that capacity and not to the personal or unofficial.
After that ruling, Smith reworked the charges, but the case was incomplete when Trump won re-election in 2024. A motion to dismiss Smith filed in recent days reflects the DOJ’s decision to shut down the prosecution before Trump takes office.
Broader Legal Implications This dismissal also affects Smith’s other case regarding classified documents that a Florida judge had also dismissed based on Smith’s “invalid” appointment. That case is on appeal. But besides the federal charges, he faced charges at the state levels in New York and Georgia. New York: Trump was convicted of 34 felonies pertaining to the Stormy Daniels hush-money payment; he awaits sentencing. Georgia: Trump pleaded not guilty to a racketeering charge over attempts to change the outcome of the 2020 presidential election.
Because the Department of Justice policymaking rules out charging an incumbent president, Trump’s legal challenges were broadly expected to be set aside in the event he won the presidency.
What’s Next for Special Counsel Jack Smith
He will submit a final report to Attorney General Garland before resigning, long before Trump is sworn in on January 20, 2025. Garland has pledged to publish all special counsel reports, but it is less certain whether Smith’s report would see the light of day if completion occurs after Trump takes office. This would be blocked by the Trump incoming administration if publication is postponed. Trump said he is naming members of his legal-defense team to top jobs at the Department of Justice: Attorneys Todd Blanche and Emil Bove will become deputy attorney general and principal associate deputy attorney general, respectively. Trump plans to name former Florida Attorney General Pam Bondi to attorney general. John Sauer, who argued for Trump in the Supreme Court immunity case, will serve as solicitor general.
