Special counsel Jack Smith's team has filed a motion to dismiss the federal indictment against Donald Trump. These are cases in which the elected president of the United States is accused of trying to stay in power and keeping secret documents.
In early November, the American media reported that due to the victory of Donald Trump in the presidential elections, the special prosecutor Jack Smith is working on how to finish the criminal cases against Trump. One of the primary issues was whether the Justice Department's Office of Legal Counsel believes the president-elect has the same legal protections as the current president.
On Monday, media outlets including CNN and Reuters reported that Smith would withdraw two federal criminal charges against Trump. Motions to do so were filed by his team on Monday in courts in Washington and Florida. This group referred to the legal conclusion of the Ministry of Justice, according to which the current president cannot be prosecuted by the prosecutor's office. As the investigators wrote, although they are still convinced of Trump's guilt, the ban is “categorical” and does not depend on the gravity of the alleged crimes and the strength of the evidence. Moreover, as they emphasized, this also applies to the elected president. Smith wants the court to grant the request before the president-elect is sworn in.
The prosecutor's decision, which is largely formal, effectively ends both cases filed by Smith.
READ ALSO: What's going on with Donald Trump's criminal and civil cases
What did the criminal case of Trump's impeachment include?
In August 2023, the former president faces 13 charges related to trying to interfere in the 2020 presidential election in Georgia, including violating provisions of the Organized Crime Act, conspiracy to commit fraud, perjury and inciting public officials to violate their oath of office.
That trial was halted after lawyers for one of the defendants, former Trump campaign adviser Mike Roman, revealed in February 2024 that District Attorney Fannie Willis and Special Prosecutor Nathan Wade, who led the investigation, had a “romantic relationship.” . They then demanded that both prosecutors be removed from the case.
Another issue covered by Smith's proposals is the issue of keeping secret documents after he leaves the White House. In June 2023, Trump was indicted on 37 counts of willful concealment of national security secrets, collusion and obstruction of justice.
Another criminal case is pending against Trump, which was opened by the state attorney's office. A jury in New York indicted him on charges of concealing payments to pornographic actress Stormy Daniels during the 2016 election campaign, delaying Trump's sentencing indefinitely.
Trump team spokesman: big win for the rule of law
The support base of the elected president explained the prosecutor's decision. Trump spokesman Steven Cheung said it “ends the unconstitutional federal cases against President Trump and is a huge victory for the rule of law.”
“Americans and President Trump want an immediate end to the political weaponization of the justice system,” he explained.
As CNN noted, Trump's main strategy was to delay the proceedings until after the election. Once he takes over as president, he can fire Smith, which would end both cases.
At the end of October, the former president said that he would take such actions without any hesitation. – Oh, it's that simple. It's that simple, Trump said when radio host Hugh Hewitt asked him if he would “fire” Jack Smith if re-elected. “I'll fire him in two seconds,” Trump said.
Smith's dismissal allows the Justice Department and the US Attorney General to drop the charges against Trump and end the legal proceedings.
Featured photo: AP Photo/Evan Vucci/EastNews
