The first of two federal criminal cases against President-elect Donald Trump was dismissed by a federal judge Monday after special counsel Jack Smith began efforts to unwind the previously high-stakes cases.
After much anticipation, Smith’s office moved to dismiss the Jan. 6 criminal case in Washington, D.C., and the classified documents case in Florida. U.S. District Judge Tanya Chutkan, who presided over the Jan. 6 case, agreed to dismiss it Monday afternoon, writing it is “hereby dismissed without prejudice.”
The U.S. Court of Appeals for the 11th Circuit, which is weighing efforts by Smith to revive the classified documents case after it was dismissed by a district court judge in July, has yet to act on Smith’s dismissal request, though the court is expected to dismiss the case.
The moves were celebrated by Trumpworld on Monday, with Trump communications director Steven Cheung stating that the “American People re-elected President Trump with an overwhelming mandate to Make America Great Again.”
“Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law,” Cheung said. “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.”
Smith has signaled for weeks an end to his two separate indictments against Trump, citing long-standing policy under the Justice Department that precludes criminal cases against sitting presidents.
“The Government has conferred with defense counsel, who does not object to this motion,” Smith’s office wrote in a six-page motion related to the Jan. 6 case.
Following a July 1 Supreme Court ruling that found former presidents are entitled to some forms of immunity for official acts, Smith refiled a superseding indictment this fall in the four-count criminal case, which accused Trump of attempting to subvert the results of the 2020 election through his actions during the Jan. 6 Capitol riot.
What happens now in both federal cases?
The superseding indictment sought to address some of the matters the Supreme Court addressed in the immunity case, though legal experts largely panned it as a rehashing of most of the significant allegations in the original case that was brought against Trump in August 2023.
In that separate case, in which Trump was accused of improperly handling classified documents and obstructing the government’s efforts to retrieve those records, prosecutors told the U.S. Court of Appeals for the 11th Circuit Court that they seek to withdraw their previous appeal of Cannon’s decision. However, they informed the appeals court that they plan to continue their case against Trump’s two co-defendants, Walt Nauta and Carlos De Oliveira.
It’s not immediately clear what will come of the separate active case against Nauta, a loyal assistant to Trump, and De Oliveira, a property manager of Mar-a-Lago. Trump’s attorney general nominee, Pam Bondi, could presumably dismiss the cases against those defendants if she is confirmed, according to some legal experts.
In the 11th Circuit motion, prosecutors pointed to the similar request they filed minutes prior in Washington, D.C., where they asked Chutkan to toss out Trump’s election interference charges because of the DOJ’s long-standing policy that it does not prosecute sitting presidents.
What becomes of Smith now?
Trump has additionally said he plans to fire Smith, who was appointed by Attorney General Merrick Garland, “within two seconds” of retaking the Oval Office, although reports indicate that Smith is likely to resign before Trump gets that chance.
George Washington University law professor Jonathan Turley told Fox News on Monday that the 2024 election “effectively” became the largest jury verdict in history, citing voters’ choice to elect Trump.
“Smith knew if Trump won that he was out of a job,” Turley said, adding he thinks “that did tarnish” his image in history by attempting to charge and try Trump in court before an election.
Trump is also reportedly interested in firing the entirety of Smith’s team that worked on the indictments against him, including career attorneys, according to a Washington Post report last week. The report likewise mentioned plans to utilize the DOJ to investigate the 2020 election, which Trump has claimed was “rigged” due to unsubstantiated allegations of voter fraud, according to former high-ranking DOJ officials, including former Trump Attorney General Bill Barr.
Mike Davis, founder of the judicial advocacy group the Article III Project, said there must be “severe” consequences against Smith for his cases against Trump.
“Jack Smith and his office must face severe legal, political, and financial consequences for their blatant lawfare and election interference,” Davis said. “This includes a federal criminal probe for conspiracy against rights under 18 U.S.C. § 241.”
More scores to settle in criminal cases
Despite Trump’s wins in the criminal cases that were waged against him as he ran for reelection, there are several outstanding cases and questions for his legal troubles that have not yet been resolved.
The more immediate source of intrigue surrounds his criminal conviction by a Manhattan jury on 34 felony counts related to falsifying business records in order to conceal a $130,000 hush money payment to porn star Stormy Daniels in the run-up to the 2016 election.
Judge Juan Merchan, who presided over the trial, told Manhattan District Attorney Alvin Bragg’s office and Trump’s defense team last week that they could commence filing motions arguing for and against the dismissal of the New York case, in addition to dismissing a previously planned sentencing that would have taken place Monday.
Bragg is seeking to keep the hush money verdict and has even floated the possibility of seeing Trump sentenced in 2029 after he leaves his second term in office.
Merchan ordered Trump to file his formal motion asking for dismissal by Dec. 2 and Bragg to respond by Dec. 9, and the judge will subsequently decide how to proceed.
Lastly, Trump is still facing racketeering charges levied by Fulton County District Attorney Fani Willis in Georgia.
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It is not immediately clear what will become of the Georgia case, though some experts have suggested other defendants could go to trial even if Trump cannot be tried as president.
Earlier this month, the Georgia Court of Appeals called off a planned Dec. 5 hearing that would have involved judges weighing whether Willis should be disqualified from the case after facing allegations by several defendants that she tainted the case by hiring her ex-lover Nathan Wade to serve as the lead prosecutor over the case. Wade has since resigned.
