Special prosecutor Jack Smith on Monday recommended stopping federal charges against Donald Trump, confirming a legal victory for the president-elect. These proceedings, linked to accusations of illegal attempts to overturn the results of the 2020 election and the withholding of classified documents after his departure from the White House, are now suspended.
Since the election of November 5, this outcome seemed more and more likely. Jack Smith had already canceled the deadlines planned in the two cases, explaining that he had to “analyze this unprecedented situation and determine the course of action to follow in accordance with the policy of the Department of Justice”.
“Circumstances have changed”
In his request to Judge Tanya Chutkan in Washington, the special prosecutor justified this decision in these terms. “The position of the prosecution on the merits of the proceedings against the defendant has not changed. But circumstances have changed,” he wrote. He invoked a longstanding policy, adopted more than fifty years ago by the Justice Department, that prohibits the prosecution of a sitting president.
Jack Smith called for these lawsuits to be canceled before Donald Trump is sworn in on January 20, 2025, while emphasizing that they could potentially be revived after his term.
Conspiracy and violation of the right to vote
The accusations against Donald Trump included charges of “conspiring against American institutions” and “undermining voters' rights to vote.” In a separate case in Florida, the former president was accused of keeping classified documents, such as military plans and information on nuclear weapons, at his private residence in Mar-a-Lago.
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In the latter case, Jack Smith also waived his appeal regarding a decision by Judge Aileen Cannon, who had quashed the proceedings for constitutional reasons related to the appointment and funding of the special prosecutor. However, he maintains his appeal for two former personal assistants of Donald Trump, involved in this affair.
“major victory for the rule of law”
Donald Trump and his campaign team immediately reacted to this announcement. “These lawsuits, like all those that have been inflicted on me, are empty and unjust and should never have been brought,” Donald Trump said on his social network Truth Social. His team celebrated a “major victory for the rule of law”, while denouncing a “political instrumentalization of the judicial system”.
Judge Tanya Chutkan validated the special prosecutor's request to drop the charges, thus implementing a policy aimed at not prosecuting a sitting president. Jack Smith called this situation “unprecedented,” requiring adjustments in accordance with principles established by the Department of Justice.
