The decision concerns the investigation into the Jan. 6 U.S. Capitol breach. Fox News Digital previously learned of Smith's request earlier on Monday. "The Government has moved to dismiss the Superseding Indictment without prejudice," U.S. District Judge Tanya Chutkan wrote in a decision. "Defendant does not oppose the Motion…and the court will grant it." Jack also filed a motion to drop his appeal in his classified records case against Trump a case that was tossed in July by federal Judge Aileen Cannon.
Jude Cannon ruled Smith was unlawfully appointed as special counsel. The moves come after Smith had already filed a motion to vacate all deadlines in the 2020 election interference case against Trump in Washington, D.C. a widely expected move, but one that stopped short of dropping the case against Trump completely. Smith had said his team planned to give an updated report on the official status of the case against Trump on Dec. 2. Trump pleaded not guilty to all charges in the case and took the fight to the U.S. Supreme Court, arguing on the basis of presidential immunity. The high court ruled that Trump was immune from prosecution for official presidential acts, forcing Smith to file a new indictment. Trump pleaded not guilty to those new charges, too. Trump's attorneys have been seeking to have the election interference charges dropped in Washington, D.C., alleging that Smith was appointed unlawfully.
"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 spokesman and incoming White House communications director Steven Cheung said in a statement. "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." Trump pleaded not guilty to all charges stemming from both of Smith’s investigations.
Smith is expected to resign as special counsel before Trump takes office. Trump posted to his Truth Social Monday afternoon that the cases against him "are empty and lawless and should never have been brought." "These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME," Trump posted. "Nothing like this has ever happened in our Country before." Although the case will still go forward for Trump’s two co-defendants, valet Walt Nauta and Mar-a-Lago property manager Carlos de Oliveira, the order satisfies Smith’s request to terminate an appeal in the case as it concerns Trump. In both cases, Smith cited Trump’s upcoming inauguration and Department of Justice guidelines that prohibit the prosecution of sitting presidents. Smith also moved to dismiss Trump’s election meddling case without prejudice. Smith was contesting Judge Aileen Cannon’s decision to dismiss the case in the classified materials case, which found that the special counsel had been appointed illegally.
Liberals clung to hope that the appeal would be successful, claiming that Judge Cannon’s decision counters 50 years of prior rulings regarding special counsel regulations, and the court has previously reversed one of her decisions. “Nonetheless, it brings to an end for Trump a serious case focused largely on his conduct after leaving the White House. It was potentially the stronger of Smith’s two cases after a Supreme Court ruling that determined former presidents retain broad immunity for their conduct while in office. Prosecutors brought both Espionage Act and obstruction of justice charges against Trump after he repeatedly refused requests to return White House records, including defying a subpoena,” The Hill reported.
"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 spokesman and incoming White House communications director Steven Cheung said in a statement. "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." Trump pleaded not guilty to all charges stemming from both of Smith’s investigations.
Smith is expected to resign as special counsel before Trump takes office. Trump posted to his Truth Social Monday afternoon that the cases against him "are empty and lawless and should never have been brought." "These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME," Trump posted. "Nothing like this has ever happened in our Country before." Although the case will still go forward for Trump’s two co-defendants, valet Walt Nauta and Mar-a-Lago property manager Carlos de Oliveira, the order satisfies Smith’s request to terminate an appeal in the case as it concerns Trump. In both cases, Smith cited Trump’s upcoming inauguration and Department of Justice guidelines that prohibit the prosecution of sitting presidents. Smith also moved to dismiss Trump’s election meddling case without prejudice. Smith was contesting Judge Aileen Cannon’s decision to dismiss the case in the classified materials case, which found that the special counsel had been appointed illegally.
Liberals clung to hope that the appeal would be successful, claiming that Judge Cannon’s decision counters 50 years of prior rulings regarding special counsel regulations, and the court has previously reversed one of her decisions. “Nonetheless, it brings to an end for Trump a serious case focused largely on his conduct after leaving the White House. It was potentially the stronger of Smith’s two cases after a Supreme Court ruling that determined former presidents retain broad immunity for their conduct while in office. Prosecutors brought both Espionage Act and obstruction of justice charges against Trump after he repeatedly refused requests to return White House records, including defying a subpoena,” The Hill reported.
Trump said "state Prosecutors and District Attorneys, such as Fani Willis and her lover, Nathan Wade (who had absolutely zero experience in cases such as this, but was paid MILLIONS, enough for them to take numerous trips and cruises around the globe!), Letitia James, who inappropriately, unethically, and probably illegally, campaigned on ‘GETTING TRUMP’ in order to win Political Office, and Alvin Bragg, who himself never wanted to bring this case against me, but was forced to do so by the Justice Department and the Democrat Party."
🚨 11th Circuit Court of Appeals has agreed to drop President-elect Trump’s classified documents case in Florida pic.twitter.com/lTsKthn5FB
— Martin Walsh (@martinwalsh__) November 26, 2024
“House Republicans previously told Justice Department officials that anyone who had worked on the Trump cases with Smith should preserve all of their communications in a move that signaled that Smith, among others, could be targeted by congressional investigators,” the report said. “Trump also apparently plans to use the DOJ to investigate the 2020 election in which he lost to President Joe Biden but has continued to claim that his loss was due to widespread cheating. Many investigations have found no proof of the widespread voter fraud Trump and his GOP allies claimed,” it said. Smith is likely to step down from his position after ending his cases against President-elect Donald Trump, according to reports. A Justice Department source told CNN that Smith is in talks with DOJ leaders about how best to wind down the Jan. 6 case as well as an appeal of U.S. District Judge Aileen Cannon’s ruling over the summer to throw out his classified documents case against the soon-to-be 47th president.
“Trump has threatened to fire Smith, but Smith expects to be gone before Trump takes office,” CNN reported. “The talks between Smith and DOJ leaders extend beyond Trump’s criminal cases to questions about what to do with other defendants in the classified documents case as well as the special counsel’s office and what happens to its budget and staff,” the outlet continued. Smith is required to submit a report on his work to Attorney General Merrick Garland. It remains unclear whether the timing of Smith’s departure will be affected if the report needs to be reviewed and approved by the intelligence community, according to sources familiar with the discussions, CNN said. Smith is working to finalize the report before Trump takes office, as Garland will need to approve it and decide whether any part of it will be released publicly, one source said. The New York Times was the first to report Smith’s plans to resign from his post.
As president, Trump is afforded protections against prosecution that he didn’t have as a private citizen. Longstanding Justice Department policy dictates that a sitting president cannot be prosecuted for crimes, and a Supreme Court ruling this summer confirmed that Trump has “absolute” immunity from prosecution for actions taken within his core constitutional powers as president, CNN said. Before his departure, Smith will need to determine how to resolve the two criminal cases he initiated against Trump. In Florida, Smith has appealed Cannon’s decision to dismiss the classified documents case, which found that Smith was unconstitutionally appointed as special counsel and that the funding for his office also violated the law. In Washington, D.C., Smith’s team is moving forward with the criminal case accusing Trump of orchestrating a conspiracy to overturn the 2020 election following the Supreme Court’s ruling on presidential immunity, CNN noted.
