Special Counsel Jack Smith moves to drop Trump election interference case
Special Counsel Jack Smith made a significant move on Friday by filing a motion to vacate all deadlines in the 2020 election interference case against President-elect Donald Trump in Washington, D.C. This decision was widely anticipated following Trump’s re-election to a second term and aligns with the Department of Justice’s policy of not pursuing criminal charges against a sitting president.
While the case has not been officially dropped, it seems to be heading in that direction. Smith indicated that his team will provide an updated report on the status of the case against Trump on December 2nd. This development comes as a relief to Trump, who had previously threatened to fire Smith immediately upon re-election.
Smith was appointed by Attorney General Merrick Garland in 2022 to investigate allegations of Trump and his allies attempting to overturn the 2020 election results. Additionally, Smith was looking into Trump’s handling of classified documents at his Florida residence after leaving the White House in 2020.
The Department of Justice had been looking to wind down its criminal cases against Trump in both D.C. and Florida, citing a memo from the Office of Legal Counsel that prohibits investigating a sitting president for federal criminal charges. This memo is based on the separation of powers doctrine.
Smith had indicted Trump in D.C. earlier this year for his alleged efforts to overturn the election outcome and also brought federal charges against him in Florida for mishandling classified documents post-presidency. Former Attorney General Bill Barr urged Smith to halt these federal cases in accordance with DOJ policy.
While Trump still faces charges in Georgia and New York, Barr emphasized the need for local prosecutors and judges to move past the spectacle of prosecuting the president-elect. He stressed that continuing these cases would only serve as a distraction from more pressing matters.
In the coming week, the judge presiding over the New York case will determine whether to proceed with felony conviction proceedings against Trump before he takes office or to consider claims of presidential immunity. This decision will have significant implications for Trump as he transitions into his second term.
Breanne Deppisch, a politics reporter for Fox News Digital, covers the 2024 election and other national news. Stay tuned for further updates on the evolving legal landscape surrounding President-elect Donald Trump.