Breaking Monday, Special Counsel Jack Smith filed a motion to dismiss his election subversion case against President-elect Donald Trump, citing constitutional requirements ahead of Trump’s January inauguration.
“The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” Smith wrote in a six-page court filing, clarifying that the decision was not tied to the merits of the case.
Trump, who has consistently denied the charges, had faced federal prosecution for alleged efforts to overturn the 2020 election and mishandling classified documents—marking an unprecedented moment in U.S. history.
Smith’s motion follows Trump’s victory in the 2024 election and signals the winding down of the Justice Department’s investigation. Judge Tanya Chutkan must still approve the dismissal for the case to be officially closed.
Earlier this year, a Supreme Court ruling granted Trump partial presidential immunity, complicating Smith’s prosecution and allowing Trump’s legal team to delay proceedings long enough to prevent a trial before the election.
Trump had pleaded not guilty to all charges, including those from a refiled indictment after the Supreme Court ruling. Meanwhile, a separate case involving alleged improper retention of classified records was dismissed after a judge ruled Smith’s appointment as special counsel unlawful, though an appeal is ongoing.
Steven Cheung, Trump’s spokesman and incoming White House communications director, hailed the DOJ’s decision as a “major victory for the rule of law.” He added, “The American People and President Trump want an immediate end to the political weaponization of our justice system and look forward to uniting our country.”
Merits? There were no merits to the case. It was pure ugly politics.
And again, there goes millions of USAs taxpayers money wasted.