Mr. Smith, on Monday. submitted A motion to dismiss the election interference lawsuit against Trump was filed in the U.S. District Court for the District of Columbia, marking a major victory for the president-elect.
After careful consideration, the Department has determined that OLC's previous opinion regarding the Constitution's prohibition on federal prosecution and prosecution of a sitting president applies to this situation and, as a result, this prosecution must be dismissed before the defendant takes office. I decided not to.
Furthermore, at that time, Smith submitted A motion has been filed with the U.S. Court of Appeals for the Eleventh Circuit to dismiss the docket appeal, which “will leave in place the district court's order dismissing the indictment without prejudice to him.” Smith cites arguments made in his motion to dismiss the election interference case.
For the reasons set forth in United States v. Trump, No. 23-cr-57, ECF No. 281 (DDC) (filed November 25, 2024) (Motion to Dismiss Criminal Charges Regarding Defendant Trump in U.S. District Court) Pursuant to Federal Rules of Appellate Procedure No. 42 and the Eleventh Circuit Rules, the United States moves 42-1 to dismiss the appeal of the Trump defendant in this case.
Taken together, the move marks the end of federal charges against the president-elect, leaving two remaining cases pending at the Georgia and New York state levels.
Incoming White House communications director Stephen Chan touted the major legal victory in a statement shared with Breitbart News on Monday, shortly after Smith's indictment.
“The American people re-elected President Trump with an overwhelming mandate to make America great again. Today's decision by the Department of Justice ends the unconstitutional federal lawsuit against President Trump and supports the rule of law. It's a big win,” said Chan.
“The American people and President Trump want an immediate end to the political weaponization of our justice system, and we look forward to seeing our country come together.”
Breitbart News senior legal contributor Ken Kurkowski also emphasized the gravity of Smith's actions.
“This is a huge victory for President Trump and the rule of law,” said Kurkowski, who filed a brief supporting President Trump on behalf of former U.S. Attorneys General Ed Meese and Michael Mukasey, and Citizens United. said. “Jack Smith's appointment as special prosecutor was unconstitutional from the beginning, and Smith's surrender here is long overdue.”
Mr. Smith and the Justice Department's decision will also affect the New York business records case against Mr. Trump. Judge Juan Marchand granted President Trump's lawyers, Todd Blanche and Emile Bove, a Dec. 2 deadline to file a motion to dismiss the case.
In a letter to Marchand last week, Mr. Blanche and Mr. Bove said they would address the Justice Department's position in the federal case in their application.
The case is us vs trump, No. 23-cr-257 of the District of Columbia and United States District Court us vs trumpNo. 24-12311-J of the United States Court of Appeals for the Eleventh Circuit.
