Politics

Jack Smith is giving up on his cases against Trump for now

Donald Trump
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In back-to-back filings on Monday, special counsel Jack Smith sought permission from federal judges to abandon both of his cases against President-elect Donald Trump.

Smith said the long-standing Justice Department policy against prosecuting a sitting president necessitated ending his DC-based 2020 election-interference case and the Florida-based case alleging Trump improperly retained classified documents from his first administration.

Smith's move to dismiss both cases likely spells their end, though theoretically either case could be revived in four years.

"The Department's position is that the Constitution requires that this case be dismissed before the defendant is inaugurated," Smith wrote in relation to the election-interference case.

"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," Smith wrote in the filing.

United States District Court Judge Tanya Chutkan granted Smith's motion Monday afternoon, reiterating the special counsel's statement that the case may not be gone forever.

Trump greeted the news with a parting shot at the "political weaponization" that he said allowed the cases to be filed to begin with.

"The American People re-elected President Trump with an overwhelming mandate to Make America Great Again," Steven Cheung wrote in a press statement.

"Today's decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law. 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."

Smith said Trump's attorneys agree with his move to dismiss.

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Brent D. Griffiths
Brent Griffiths is a senior reporter at Business Insider who covers AI and tech.Previously, he worked at the Washington Post as a researcher on Power Up and the Finance 202. He started his career at Politico where he worked on the web production team and covered breaking news. His passion for covering politics has only grown since he cut his teeth covering the presidential campaign as a student journalist. He's also contributed to the Almanac of American Politics.
Headshot photo of Laura Italiano
Laura Italiano
Laura Italiano reported on legal affairs and the courts, focusing on lawsuits and prosecutions affecting business, innovation, and technology. She was following the scores of cases being pursued both by and against the new Trump administration, including those relating to DOGE and the ongoing federal anti-trust actions against Apple, Amazon, Google, Meta, and Ticketmaster.Laura is based in New York City, where she covers high-profile federal and state defendants, including Luigi Mangione, Sean "Diddy" Combs, Charlie Javice, and the Alexander brothers.Laura worked at three New York City tabloids — Newsday, The Post and (freelance) The News — before scrubbing off the newsprint and joining Insider in February 2022.Check out Insider's source guide for tips on sharing information securely.