Justice Department considers dropping charges against President-elect Donald Trump, sources say
WASHINGTON – According to a department official knowledgeable about the situation, Justice Department special counsel Jack Smith is exploring options to conclude the two federal criminal cases against President-elect Donald Trump prior to his inauguration.
Proceeding with charges against a former president could breach a long-standing policy that prevents the prosecution of a current president. Given two upcoming deadlines for document submissions in these federal cases, the department’s determination on how to proceed may be announced in the coming weeks.
Trump’s spokesperson, Steven Cheung, indicated that the decision was influenced by Trump’s significant victory, which he believes mandates national unity.
“It is now clear that Americans wish for an immediate cessation of the judicial system’s manipulation, allowing us to unite as President Trump mentioned in his remarkable speech last night and collaborate for the improvement of our nation,” Cheung stated.
Before news of the Justice Department’s discussions surfaced, Trump hinted that he might dismiss Smith or issue a self-pardon. “It’s so simple – I would fire him in a heartbeat,” Trump remarked to radio host Hugh Hewitt on October 24.
Trump has also pledged to seek legal action against his opponents and has made social media posts demanding the imprisonment of President Biden, Vice-President Kamala Harris, and Rep. Nancy Pelosi, D-Calif., for various alleged offenses. During his presidency, he urged an aide to push for the prosecution of Hillary Clinton and former FBI Director James Comey.
“They need to lock up Deranged Jack Smith and his Rogue Prosecutors, along with Meritless Garland and Trump Hating Lisa Monaco,” Trump stated in a Truth Social post in July 2023, criticizing Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco. “They have completely weaponized the Justice Department.”
Trump is currently facing charges in Washington, D.C., alleging that he attempted to overturn the 2020 election and obstructed Congress from validating the Electoral College results on January 6, 2021. U.S. District Judge Tanya Chutkan is considering whether Trump holds immunity from these charges based on a Supreme Court ruling from July.
Additionally, he has been indicted for improperly keeping classified documents after his White House term ended. While U.S. District Judge Aileen Cannon dismissed these charges on the grounds that Smith was improperly appointed, Smith is appealing this ruling to the 11th U.S. Circuit Court of Appeals.
Eric Columbus, a lawyer who was involved in the House investigation of the January 6, 2021, Capitol riot and worked at the Justice Department during the Obama presidency, acknowledged that while presidents cannot be prosecuted, cases against Trump could simply be paused.
“Naturally, the Trump Justice Department would dismiss these cases,” Columbus remarked in a social media post. “But don’t do it for them.”
Given that there are two significant deadlines in these cases, Smith’s determination may be reached in a matter of weeks. Smith has until November 15 to submit an argument in the appeal related to the 11th Circuit, while Trump’s lawyers have until November 21 to argue for his immunity in the election interference case.