Donald Trump

SMITH DROPS J6 CASE: Special Counsel Files Motion to Dismiss Case Before Trump's Inauguration

posted by Hannity Staff - 11.25.24

Special Counsel Jack Smith, who is investigating President-elect Donald Trump’s role in the January 6 riot, has filed to dismiss the case ahead of Trump’s inauguration in January.

From The New York Post:

Citing Trump’s victory in the 2024 presidential election and precedent against indicting a sitting US president, Smith asked the court to dismiss his indictment against the 45th and soon-to-be 47th president.

“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” Smith’s team wrote in a filing.

Trump had been charged with conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, conspiracy against rights and conspiracy to defraud the United States.

Smith had reportedly been working to wind down his cases against Trump — and step down before the former president gets sworn back into office on Jan. 20, 2025, and fires him.

Vice President-elect JD Vance shared the news on X, saying “If Donald J. Trump had lost an election, he may very well have spent the rest of his life in prison. These prosecutions were always political. Now it’s time to ensure what happened to President Trump never happens in this country again.”

New York Rep. Dan Goldman was on CNN within minutes of the news claiming that the dismissal of the case means Donald Trump is “above the law.”

This story is developing…

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