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

Special counsel Jack Smith has filed a motion to drop all four felony charges against President-elect Donald Trump in connection with his effort to overturn his 2020 presidential election in the lead-up to the deadly Jan. 6 attack on the U.S Capitol.

Trump was first indicted on four felonies in August 2023: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights. The case was then put on hold for months as Trump’s team argued that Trump could not be prosecuted.

The indictment marked an extraordinary moment in American history — the first-ever accusation that a president sought illegally to cling to power.

The dismissal also marks a historic moment. Fifty years after Richard Nixon was forced by lawmakers from both parties to resign the presidency amid allegations of criminal conduct, half of American voters will return Trump to the presidency despite his own serious charges of criminal misconduct in office.

“The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have," Smith’s office wrote in Monday’s filing, adding that it is seeking to dismiss the charges ahead of Trump's inauguration, in line with the Justice Department’s longstanding position that it can’t charge a sitting president.

“That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind," the special counsel added.

The Supreme Court handed Trump an early victory in the case in July with its ruling on presidential immunity. But a new federal grand jury indicted Trump on the same four charges again in August, alleging that Trump’s false claims about mass voter fraud during the 2020 election were “unsupported, objectively unreasonable, and ever-changing” and that Trump “knew that they were false.”