Court dismisses charges against President Trump

On November 5, 2024, the American people spoke in a loud voice to say that they did not believe any of the allegations of criminal misconduct against former President Donald J. Trump (R). On Tuesday, following a request by Special Counsel Jack Smith, a federal judge has dropped all the charges against President-elect Donald J. Trump. The futile attempt by the Biden Justice Department to use the court system to besmirch the character of the former President have final come to an end.

"After careful consideration, the Department has determined that OLC's prior opinions concerning the Constitution's prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated," Smith's team wrote in the Jan. 6 case, referencing the Justice Department's Office of Legal Counsel.

Smith did not admit that the case against President Trump was legally dubious at best

"That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution, which the Government stands fully behind," the prosecutor's team wrote in their motion to drop all of the charges.

The motion for the election interference case was approved by Judge Tanya Chutkan, bringing to a close the prosecutorial effort to hold Trump criminally responsible for the riots on January 6, 2021 and any criminal culpability for his effort to question the validity fo the disputed 2020 election results.

Smith also separately filed a motion to dismiss Trump's Florida mishandling of government documents case, where he was facing dubious charges for violating the Espionage Act and obstruction of justice. That case had already been dismissed by the federal trial judge; but prior to the election Smith had appealed that decision. Tuesday's action withdrew the appeal effectively ending that prosecution as well.

Smith in that filing claimed that the Justice Department will still be pursuing charges against Trump's two co-defendants in the case: Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira. The fates of those cases will ultimately be decided by Trump's nominee for Attorney General – Pam Bondi – so it seems unlikely that the Trump DOJ will continue those political prosecutions.

"The American People re-elected President Trump with an overwhelming mandate to Make America Great Again," said President Trump's communication director Steven Cheung. "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."

The motion to dismiss all the charges was made "without prejudice" so in theory a future Democratic administration could still bring the charges again; but since Trump would be 82 when he leaves office and the statute of limitation on many of these charges would be passed that seems highly unlikely.

The Department of Justice under President Joseph R. Biden (D) and Attorney General Merrick Garland had become a political arm of the Democratic Party as it waged legal warfare against Donald Trump. Republican critics of Jack Smith's prosecutions claimed that his mission was never anything more than election interference against the former President. Smith himself seemed to tacitly admit that himself in his motion to ask the court to drop the charges against Trump – a motion that they could have made months ago when it became apparent that this case was never going to meet constitutional muster and likely would never be argued before a jury – much less survive the inevitable appellate process if somehow a conviction has somehow been obtained.

Smith has announced his intention is to resign ahead of Trump's inauguration. Trump has said that he intends to fire Smith if he is still on the job. Any attorney who worked on the government's prosecution of President Trump is expected to be fired by President Trump when he returns to the White House. Several members of Trump's successful defense team have already been nominated for senior roles in the Trump Justice Department.

To connect with the author of this story, or to comment, email brandonmreporter@gmail.com