Special counsel Jack Smith has filed a motion to drop all four felony charges against President-elect Donald Trump in connection with his effort to overturn his 2020 presidential election in the lead-up to the deadly Jan. 6 attack on the U.S Capitol.
Trump was first indicted on four felonies in August 2023: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights. The case was then put on hold for months as Trump’s team argued that Trump could not be prosecuted.
The indictment marked an extraordinary moment in American history — the first-ever accusation that a president sought illegally to cling to power.
The dismissal also marks a historic moment. Fifty years after Richard Nixon was forced by lawmakers from both parties to resign the presidency amid allegations of criminal conduct, half of American voters will return Trump to the presidency despite his own serious charges of criminal misconduct in office.
As Justin notes, the dismissal is without prejudice, meaning in theory the charges could be refiled once Trump is no longer in office. From the filing: “And although the Constitution requires dismissal in this context, consistent with the temporary nature of the immunity afforded a sitting President, it does not require dismissal with prejudice.”