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In June 2023, Jack Smith charged Trump with 37 federal counts related to his storage of classified documents at Mar-a-Lago. These charges alleged mishandling and even a scheme to delete security footage, further inflaming political tensions. By September 2023, Smith expanded the scope, charging Trump with conspiracy and obstruction related to the January 6 Capitol events.
However, the Department of Justice (DOJ) now acknowledges that these prosecutions cannot proceed. “It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” Smith noted in the motion to dismiss.
Smith continued, “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.” This marked a significant concession from the DOJ as Trump prepares for his second inauguration on January 20, 2025.
The dismissal comes amid reports that Trump plans to overhaul the DOJ upon his return to office. The Washington Post recently revealed that Trump intends to fire Jack Smith’s entire team of prosecutors and assemble a new task force to investigate allegations of election fraud in the 2020 race.
“President-elect Donald Trump plans to fire the entire team that worked with special counsel Jack Smith to pursue two federal prosecutions against the former president, including career attorneys typically protected from political retribution,” reported The Washington Post.
Trump’s strategy, described by allies as “scorched earth,” aims to dismantle what he and supporters have called a politically motivated legal apparatus. “Trump is also planning to assemble investigative teams within the Justice Department to hunt for evidence in battleground states that fraud tainted the 2020 election,” the Post added.
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The scale of Smith’s legal team also raised eyebrows. Critics noted that Smith’s operation was twice the size of Robert Mueller’s special counsel team, which was infamous for its partisan composition. Trump allies have compared Smith’s team to Mueller’s “dozen angry Democrats” and called for transparency.
“President Trump’s DOJ should publicly name and fire every single one of Jack Smith’s prosecutors,” a senior Trump advisor remarked.
Following the motion to dismiss, Trump’s senior advisor Steven Cheung released a statement applauding the decision while hinting at further action once Trump takes office. “This is a victory for the rule of law, and President Trump looks forward to restoring integrity to the Justice Department,” the statement read.
As the cases fade from the courts, the political ramifications are just beginning. Trump’s return to power is poised to reshape not only the DOJ but also the broader landscape of American politics. The next chapter of this unprecedented legal and political battle will unfold as Trump reclaims the Oval Office.
