President-elect Donald Trump is on course to avoid accountability for his alleged efforts to overturn the 2020 presidential election and other legal battles, as special counsel Jack Smith on Monday moved to dismiss the four federal felony charges against him.
The charges stemmed from Trump鈥檚 attempts to remain in power despite losing the election and his role in the Jan. 6, 2021, attack on the U.S. Capitol.
A grand jury initially indicted Trump in August 2023 for conspiracy to defraud the United States: conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights.
The indictment accused Trump of knowingly spreading false claims about voter fraud, pressuring then-Vice President Mike Pence to reject electoral votes, and orchestrating a plan to subvert the democratic process. Smith鈥檚 case marked a historic first鈥攏o former president had ever been criminally charged for seeking to retain power unlawfully.
However, the case stalled as Trump鈥檚 legal team successfully argued that the constitutional protections of presidential immunity barred his prosecution. In July 2024, the Supreme Court ruled in Trump鈥檚 favor, cementing the broad immunity application for sitting presidents. The ruling, combined with Trump鈥檚 victory in the 2024 election, has ensured that he will face no immediate legal repercussions.
Smith鈥檚 motion to dismiss echoed the Justice Department鈥檚 long-standing policy against prosecuting sitting presidents.聽
鈥淭hat prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the government鈥檚 proof, or the merits of the prosecution, which the government stands fully behind,鈥 Smith wrote.
The motion comes as Trump was set to be sentenced this month in New York on 34 felony convictions related to falsifying business records tied to a hush-money payment to adult film actor Stormy Daniels. That sentencing has been delayed indefinitely, and many legal experts believe it may never occur.
Trump has also faced charges in Fulton County, Georgia, for an alleged attempt to overturn the 2020 election in the state, but the future of that case remains uncertain as his return to the presidency approaches.
Meanwhile, Smith is expected to file a final report with Attorney General Merrick Garland before resigning. Garland has pledged to release the report publicly, but Trump鈥檚 incoming administration could delay or block its disclosure.
Trump plans to install loyal allies at the Justice Department, including former Florida Attorney General Pam Bondi as Attorney General. Bondi has vowed to investigate and prosecute those who brought cases against Trump, calling them members of a 鈥渄eep state鈥 conspiracy.
鈥淭he Department of Justice, the prosecutors will be prosecuted, the bad ones,鈥 she declared last year after Trump鈥檚 indictment in Georgia.
Her appointment would dramatically shift the DOJ鈥檚 focus under Trump鈥檚 administration.
Many Jan. 6 defendants continue to serve prison sentences for their roles in the Capitol attack. Some have expressed regret, admitting Trump鈥檚 false election fraud claims misled them.聽
Meanwhile, Trump has promised to pardon many of those convicted, referring to them as 鈥減olitical prisoners鈥 and 鈥渨arriors.鈥
Trump will be sworn in on Jan. 20, walking through the same Capitol tunnel where some of the most violent clashes of Jan. 6, 2021, took place.聽
鈥淲hen he lost the 2020 race, Trump resorted to crimes to hold onto power,” Smith wrote in court filings.
He should have been prosecuted and put in jail. ANYONE ELSE WOULD HAVE BEEN THIS IS NOT JUSTICE THIS IS TOTAL BULLSHIT THIS JUST GOES TO PROVE PEOPLE WITH MONEY CAN GET AWAY WITH ANYTHING AND THE COURT ARE SUPPOSED TO BE JUST WHAT A LAUGH