After much anticipation, special counsel Jack Smith has moved to dismiss the superseding indictment in the Jan. 6 case against President-elect Donald Trump.
Smith has signaled for weeks an end to his two separate indictments against Trump, citing long-standing policy under the Justice Department that precludes criminal cases against sitting presidents.
“The Government has conferred with defense counsel, who does not object to this motion,” Smith’s office wrote in a six-page motion.
Following a July 1 Supreme Court ruling that found former presidents are entitled to some forms of immunity for official acts, Smith refiled a superseding indictment this fall in the four-count criminal case, which accused Trump of attempting to subvert the results of the 2020 election through his actions during the Jan. 6 Capitol riot.
The superseding indictment sought to address some of the matters the Supreme Court addressed in the immunity case, though legal experts largely panned it as a rehashing of most of the significant allegations in the original case that was brought against Trump in August 2023.
U.S. District Judge Tanya Chutkan, an appointee of former President Barack Obama, will still have to sign off on the motion to dismiss before the case is tossed.
Trump has additionally said he plans to fire Smith “within two seconds” of retaking the Oval Office, although reports indicate Smith is likely to resign before Trump gets that chance.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
George Washington University law professor Jonathan Turley told Fox News on Monday that the 2024 election “effectively” became the largest jury verdict in history, citing the nation’s choice to elect Trump.
“Smith knew if Trump won that he was out of a job,” Turley said, adding he thinks “that did tarnish” his image in history by attempting to charge and try Trump in court before an election.
This is a developing story and will be updated.