Smith’s decision marks a significant shift in the legal battles surrounding Trump, who had previously vowed to dismiss the special counsel upon retaking office.
The criminal investigations into Trump’s efforts to overturn the 2020 election results and his alleged mishandling of classified documents were unprecedented, as no former U.S. president had faced federal criminal charges before.
In the election subversion case, Trump was charged in Washington, DC, for his attempts to reverse his 2020 loss, culminating in the January 6, 2021, Capitol attack.
This summer, the case led to a landmark Supreme Court ruling granting Trump limited presidential immunity, which ultimately delayed the trial past the November election.
In his filing, Smith stated that the Constitution requires the case to be dismissed before Trump’s inauguration. “This outcome is not based on the merits or strength of the case,” Smith wrote, emphasizing that the government’s position on prosecuting Trump remains unchanged.
Regarding the classified documents case in Florida, Trump had been indicted for allegedly taking national defense documents from the White House after leaving office and obstructing efforts to recover them. Trump pleaded not guilty to all charges in both cases.
Smith noted that charges against Trump’s co-defendants, Walt Nauta and Carlos de Oliveira, remain active. Both men, who worked for Trump, are accused of aiding in obstructing the federal investigation and have also pleaded not guilty.
Smith clarified that the dismissal of charges against Trump is “without prejudice,” leaving open the possibility of re-filing after Trump’s presidential immunity ends.
Justice Department lawyers, he said, concluded that sitting presidents are categorically immune from prosecution, even for indictments issued before taking office.
Trump spokesperson Steven Cheung called the dismissal “a major victory for the rule of law” and expressed optimism about ending what he described as the political weaponization of the justice system.
The trial court and the 11th U.S. Circuit Court of Appeals are currently reviewing related matters, including the dismissal of charges ordered by Judge Aileen Cannon.
