(The Daily Signal) — Special counsel Jack Smith filed a motion Monday in D.C. District Court to drop the Jan. 6 case against President-elect Donald Trump with Judge Tanya Chutkan.
“As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025,” Smith’s motion said.
NBC News just broke in to announce "Special Counsel Jack Smith just filed a motion to dismiss the federal criminal case against the president-elect."
This is a MASSIVE WIN for the rule of law. pic.twitter.com/2lkzsE2v1t
— Trump War Room (@TrumpWarRoom) November 25, 2024
“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” Smith’s motion said. “But the Department and the country have never faced the circumstance here, where a federal indictment against a private citizen has been returned by a grand jury and a criminal prosecution is already underway when the defendant is elected President.”
Smith first secured a grand jury indictment in the election interference case 16 months ago.
A federal court in Florida previously ruled that Smith lacked standing to bring the classified documents case against Trump.
This article was originally published by The Daily Signal.
Fred Lucas
Fred Lucas is chief national affairs correspondent for The Daily Signal and co-host of "The Right Side of History" podcast. Lucas is also the author of "Abuse of Power: Inside The Three-Year Campaign to Impeach Donald Trump."
