Just less than two months before Donald Trump returns to the White House, the former and future president saw two of his most treacherous legal battles end with whimpers.
Reading the clear writing on the wall, Department of Justice Special Counsel Jack Smith filed paperwork Monday to drop the felony charges against Trump related to 2020 election subversion that led to the bloody January 6, 2021 attack on the U.S. Capitol.
“The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” Smith said in the short filing before the federal court in Washington, DC. “This outcome is not based on the merits or strength of the case against the defendant.”
Leaning into the long-standing DOJ guidelines avoiding prosecuting a sitting president (or in this case, a soon-to-be sitting POTUS), Smith has moved to dismiss the January 6 criminal case withour prejudice, which means it could be filed again once Trump is finally out of office. Of course, Trump could endgame the whole thing by pardoning himself, but that might open up a whole new can of Constitutional worms.
Smith is also pulling the plug on the case investigating the alleged mishandling of classified documents by Trump. The case against Trump’s co-defendants in that matter will move forward, for now.
The abrupt end to the two cases is no real surprise, with Smith himself already exiting the DOJ upon the results of Trump trouncing Vice President Kamala Harris on in the election November 5.
With Trump having threatened to fire Smith ASAP on January 20, 2025, Monday’s moves are a clear wins for Trump as he consolidates power.
And he knows it.
“The American People re-elected President Trump with an overwhelming mandate to Make America Great Again. Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump and is a major victory for the rule of law,” Trump communications director Steven Cheung told Deadline this morning. “The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”