The saga surrounding Special Counsel Jack Smith’s cases against President-elect Donald Trump has reached a temporary, yet significant, conclusion.
On Monday, Judge Tanya Chutkan granted the Department of Justice’s (DOJ) request to dismiss the D.C. election interference case against Trump. The decision follows Smith’s formal motion to drop the charges, citing DOJ policy that a sitting president cannot be prosecuted. While the dismissal is without prejudice, leaving the door open for potential prosecution after Trump’s presidency, the immediate legal battles in this case are now over.
Smith’s motion leaned heavily on longstanding DOJ policy, which asserts that a sitting president is immune from federal indictment and prosecution. This constitutional protection, Smith argued, extends to Trump’s unprecedented situation, where charges were already underway before his election victory.
In his motion, Smith emphasized that the DOJ continues to stand by the merits of the case but acknowledged that constitutional constraints demand its dismissal before Trump’s inauguration.
Smith further clarified that the dismissal without prejudice preserves the option to revisit the case once Trump is no longer president. He cited legal precedent that immunity for a sitting president does not preclude future prosecution after their term ends or upon removal from office.
Judge Chutkan’s ruling aligns with the DOJ’s position, reinforcing that the dismissal is consistent with constitutional requirements. Her memorandum emphasized the temporary nature of presidential immunity, noting that it does not equate to exoneration but rather reflects a legal and procedural necessity.
Smith’s motion also extended to the classified documents case pending in Florida, where the DOJ filed to drop its appeal against Trump while maintaining its challenge against co-defendants Waltine Nauta and Carlos De Oliveira.
This nuanced approach suggests the legal wrangling over Trump’s co-defendants and broader constitutional questions—such as the validity of Smith’s appointment—will continue, possibly reaching the Supreme Court.
Following the decision, Trump’s Communications Director Steven Cheung framed the dismissal as a vindication for the president-elect and a victory for the rule of law. “The American People re-elected President Trump with an overwhelming mandate to Make America Great Again,” Cheung said. “Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law.”
