Tuesday, November 26

Jack Smith files to drop Jan. 6 charges against Donald Trump

WASHINGTON — In the wake of the deadly attack on the U.S. Capitol on January 6, President-elect Donald Trump attempted to overturn his 2020 presidential election. In response, Special Counsel Jack Smith filed a request to withdraw all four felony charges against Trump.

In August 2023, Trump was initially charged with four felonies: conspiracy against rights, conspiracy to obstruct an official proceeding, conspiracy to defraud the United States, and obstruction of and attempt to obstruct an official proceeding. As Trump’s attorneys contended that Trump could not be prosecuted, the case was then placed on hold for months.

The indictment was the first time in American history that a president was accused of illegally trying to hold onto power, and it was a historic occasion.

Additionally, the dismissal is a historic event. Despite Trump’s own grave accusations of criminal wrongdoing in office, half of American voters will elect him president again, fifty years after lawmakers from both parties compelled Richard Nixon to leave as president due to criminal charges.

Regarding the merits of the defendant’s prosecution, the government’s stance remains unchanged. However, in accordance with the Justice Department’s long-standing stance that it cannot charge a sitting president, Smith’s office stated in its filing on Monday that it is attempting to get the charges dropped before Trump’s inauguration.

The special counsel went on to say, “That prohibition is categorical and does not depend on the seriousness of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government fully supports.”

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In July, the Supreme Court’s decision on presidential immunity gave Trump an early win in the dispute. However, in August, a second federal grand jury indicted Trump on the same four counts once more, claiming that Trump knew his false assertions about widespread voting fraud in the 2020 election were unfounded, objectively irrational, and constantly evolving.

Trump entered a not guilty plea and has never publicly acknowledged that his election claims were untrue.

In a statement, Trump spokesperson Steven Cheung stated, “Today’s DOJ decision is a major victory for the rule of law and ends the unconstitutional federal cases against President Trump.” President Trump and the American people are eager to bring our nation together and demand that the political weaponization of our legal system halt immediately.

Smith’s team wrote that the special counsel’s office was torn between “two fundamental and compelling national interests” after Trump was re-elected as president. “On the one hand, the Constitution s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities … and on the other hand, the Nation s commitment to the rule of law and the longstanding principle that [n]o man in this country is so high that he is above the law.”

According to a source who spoke to NBC News earlier this month, Smith and his team intend to step down before Trump takes office. Before he resigns, Smith must submit a report to the attorney general outlining his charging judgments in accordance with special counsel procedures.

Judges have been told by numerous Jan. 6 defendants that they regret being “gullible” enough to believe Trump’s lies, which were repeated by the president-elect’s supporters, Republicans in Congress, and conservative social media influencers.

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Before Trump takes office again, the Justice Department is working to apprehend the “most egregious” protesters. The president-elect has declared that he will pardon a certain percentage of the rioters from January 6, whom he has referred to as fighters, incredible patriots, political prisoners, and hostages.

On January 20, 2025, he is anticipated to take the oath of office as president by passing through the lower west tunnel, the scene of some of the deadliest bloodshed on January 6.

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