Special Counsel Jack Smith's team has filed motions to drop federal charges against Donald Trump. These are cases in which the American president-elect is accused of trying to stay in power and keeping secret documents.
At the beginning of November, American media reported that it was due to the victory Donald Trump in the presidential election, special prosecutor Jack Smith is considering how to end Trump's criminal cases. One of the primary issues was whether the Justice Department's Office of Legal Counsel believed the president-elect was afforded the same legal protections as a sitting president.
On Monday, the media – including CNN and Reuters – reported that Smith was withdrawing two federal criminal cases brought against Trump. The motions to do so were filed by his team on Monday in courts in Washington and Florida. The team referred to the legal opinion of the Ministry of Justice, according to which the incumbent president cannot be prosecuted by the prosecutor's office. As investigators wrote, although they are still convinced of Trump's guilt, this ban is “categorical” and does not depend on the gravity of the alleged crimes or the strength of the evidence. Moreover – as they emphasized – it also refers to the president-elect. Smith wants the court to grant the request before the president-elect is inaugurated.
The prosecutor's decision, which is mainly formal, effectively ends both cases brought by Smith.
What did Trump's withdrawn criminal cases involve?
In August 2023, the former president was charged 13 charges related to attempting to interfere with the results of the 2020 presidential election in Georgiaincluding violating the provisions of the Organized Crime Act, conspiracy to commit forgery, certifying untruths and inciting state officials to violate their oath.
That trial stalled after lawyers for one of the co-defendants, former Trump campaign adviser Mike Roman, revealed in February 2024 that District Attorney Fani Willis and special counsel Nathan Wade, who was leading the investigation, had a “romantic relationship.” Then they demanded that both prosecutors be excluded from participating in the case.
Another issue that Smith's conclusions address is the question keeping secret documents after leaving the White House. In June 2023, Trump was charged with 37 counts of willfully withholding national security secrets, collusion and obstruction of justice.
There is an ongoing case against Trump yet another criminal casebrought by the state prosecutor's office. A New York jury found him guilty of crimes in connection with the concealment payment for the silence of porn actress Stormy Daniels during the 2016 election campaign. The court decided last week to indefinitely postpone the decision on Trump's sentence.
Trump team spokesman: a great victory for the rule of law
The president-elect's support base commented on the prosecutor's decision. Trump team spokesman Steven Cheung said it “ends the unconstitutional federal cases against President Trump and is a major victory for the rule of law.”
– Americans and President Trump want an immediate end to the political weaponization of the justice system – he commented.
As CNN noted, Trump's main strategy was to delay trials until after the election. After taking over as president, he could fire Smith, which would end both cases.
At the end of October, the former president said he would take such steps without hesitation. – Oh, it's that simple. It's as simple as that, Trump said when radio host Hugh Hewitt asked him if he would “fire Jack Smith” if re-elected. “I would fire him in two seconds,” Trump said.
Smith's appeal would allow the Justice Department USA and the attorney general to drop the charges against Trump and end the legal proceedings.
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