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On November 25, 2024, Special Counsel Jack Smith filed motions to drop all federal charges against President Donald Trump. The charges involve mishandling classified documents and attempting to overturn the 2020 presidential election using the January 6 attack on the Capitol.
In June 2023, a federal grand jury indicted Trump on 37 counts for mishandling classified documents he took from the White House and obstructing government efforts to retrieve them. The counts included willful retention of national defense information, making false statements, and conspiracy to obstruct justice. A Florida judge dismissed the case, but Smith’s office pursued an appeal.
In August 2023, prosecutors indicted Trump on four felonies for attempting to reverse the 2020 presidential election. The counts included conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, attempt to obstruct an official proceeding, and conspiracy against rights. These charges all relate to the January 6 attack on the Capitol.
On January 6, 2021, Trump posted on Twitter, claiming voter fraud in the 2020 election shortly before a rally. Hours later, members of the Proud Boys, a right-wing group, headed toward the White House. While Trump held his rally, he encouraged his supporters to go to the Capitol to “peacefully and patriotically make your voices heard.” The crowd then pushed past the police barrier, outnumbering the officers. They carried flags and weapons while chanting, “Fight for Trump.” Eventually, rioters entered the Capitol. After about eight hours of unrest, they dispersed. During the riot, a police officer shot and killed Ashli Babbitt.
Validity of Federal Cases
Trump remains the first president accused of illegally clinging to power. His legal team kept the case on hold for months by arguing for its dismissal on multiple grounds, including the claim that a former president cannot face prosecution for actions taken in office. The Department of Justice’s (DOJ) legal office could not determine whether Trump had committed a crime, as its authority did not extend to charging a sitting president.
During Trump’s re-election campaign, the special counsel’s office faced a conflict between “two fundamental and compelling national interests,” Smith’s team said.
“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 no man in this country is so high that he is above the law.”
In August 2024, a new federal grand jury indicted Trump on the same four charges. Prosecutors argued that his claims of mass voter fraud lacked evidence and that he knowingly spread falsehoods. However, Trump’s re-election blocked Smith from moving forward with the charges.
Since Trump won the 2024 presidential election, prosecutors cannot charge him with a crime once he takes office on January 20, 2025. However, a DOJ policy adopted after the Watergate Scandal gives Congress the power to impeach a president for committing crimes. This policy ensures that sitting presidents can perform their duties without the distraction of legal proceedings. As a result, Smith and his team plan to resign before Trump takes office. However, Smith requested the dismissal of both cases without prejudice, allowing prosecutors to refile the charges after Trump’s second term.
Trump’s return to office also complicates many state-level cases against him. Delays have pushed back his sentencing for a criminal conviction in New York. He also faces charges in Georgia for attempting to overturn the election results, but that case has also been postponed.
