In a six-page court document filed Monday, Nov. 25, Smith asked a judge to dismiss the charges against the incoming president. He and his team cited the DOJ's policy from the Watergate era, which states that a sitting president cannot be prosecuted.
"The Constitution requires that this case be dismissed before the defendant is inaugurated," the filing continued, referencing Trump's election victory and inauguration in January next year. "This outcome is not based on the merits or strength of the case against the defendant. Based on the Department's interpretation of the Constitution, the government moves for dismissal without prejudice of the superseding indictment."
Smith's election interference case hit a roadblock in June after the Supreme Court ruled that a sitting president has immunity from prosecution for their official acts and duties. In response, he filed a superseding indictment against Trump months later. The superseding indictment claimed Trump acted on his own accord and not within his presidential duties when he allegedly broke the law. (Related: Supreme Court says Trump, other former presidents immune from criminal prosecution for official acts – but NOT unofficial acts.)
"This marks the end of Smith's two-year prosecution of Trump alleging that he attempted to illegally overturn the results of the 2020 presidential election," Jamie White, writing for InfoWars, pointed out. "The decision isn't all that surprising, since Smith's team announced earlier this month that it would move to wind down its lawfare cases against Trump in the wake of his landslide election victory."
Steven Cheung, communications director for the Trump campaign, lauded the DOJ's move to have the charges dismissed in a statement.
"Today's decision by the DOJ end the unconstitutional federal cases against [President-elect] Trump, and is a major victory for the rule of law," he said. "The American people and Trump want an immediate end to the political weaponization of our justice system, and we look forward to uniting our country."
Smith's earlier classified documents case against Trump DISMISSED
Even though Smith dropped his election interference case against Trump, the incoming president has pledged to terminate the special counsel and his prosecutorial team upon taking office.
Earlier, United States District Judge Aileen Cannon dismissed Smith's earlier case accusing Trump of mishandling classified documents. According to ZeroHedge, Cannon based her decision on the fact that Smith's appointment was unconstitutional and violated the Constitution's Appointments Clause.
Under the clause, only the president – with the advice and consent of the Senate – can appoint special counsels. But in Smith's case, Attorney General Merrick Garland as head of the DOJ, overstepped his authority by appointing the special counsel to his post.
"The special counsel's position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers," Cannon wrote. "Dismissal of this action is the only appropriate solution for the Appointments Clause violation."
The other two lawfare cases against Trump in Georgia and New York remain on life support, according to InfoWars. The president-elect and his co-defendants have petitioned the Georgia Court of Appeals to reject a ruling allowing Fulton County District Attorney Fani Willis to remain on the case.
Meanwhile, New York State Supreme Court Acting Justice Juan Merchan has indefinitely postponed the sentencing date against Trump following his guilty verdict in late May. Many legal experts believe Trump's conviction, which stemmed from hush money payments to adult film star Stormy Daniels in 2016, could eventually be overturned on appeal.
Head over to Trump.news for more stories about the president-elect's legal battles.
Watch this report from Fox News about Special Counsel Jack Smith dropping his election interference case against President-elect Donald Trump.
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