Special Counsel Jack Smith moved to dismiss federal election interference charges against Donald Trump, citing Department of Justice policy that prohibits prosecuting a sitting president, and a federal judge has approved the dismissal.
U.S. District Judge Tanya S. Chutkan granted the dismissal without prejudice, preserving prosecutors’ ability to potentially bring charges after Trump leaves office.
The move follows Trump’s election victory and marks the end of a historic Justice Department investigation that never reached trial. The investigation, which cost taxpayers $50 million, resulted in four felony charges against the former president related to efforts to overturn the 2020 election results.
Smith consulted with the DOJ’s Office of Legal Counsel before requesting the dismissal. “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 wrote in his filing.
The special counsel emphasized that the dismissal was not based on the merits of the case. “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” Smith stated.
The case had stalled for months while the Supreme Court considered immunity arguments raised by Trump’s legal team. The court’s conservative majority ultimately ruled 6-3 that Trump enjoyed broad immunity from prosecution for official acts as president
Smith is also expected to resign before Trump takes office in January 2025. The special counsel’s office will continue to prosecute two Trump associates, former White House valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, who face charges related to the classified documents case. Both have entered not guilty pleas.
Steven Cheung, incoming White House communications director, called the dismissal “a major victory for the rule of law” in a statement. “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,” Cheung said.
Vice President-elect J.D. Vance addressed the case’s significance on social media platform X: “If Donald J. Trump had lost an election, he may very well have spent the rest of his life in prison. These prosecutions were always political. Now it’s time to ensure what happened to President Trump never happens in this country again.”
While the federal cases are concluding, Trump still faces state-level prosecutions in Georgia and New York, which presidential immunity does not affect. The judge overseeing Trump’s criminal hush money case in New York has postponed sentencing indefinitely.
The Special Counsel’s office indicated potential delays in releasing their final report, particularly if Trump’s defense attorneys receive Justice Department appointments.