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After much anticipation, Smith’s office moved to dismiss thecriminal case in Washington, D.C., and the classified documents case in Florida. U.S. District Judge Tanya Chutkan, who presided over the Jan. 6 case, agreed to dismiss it Monday afternoon, writing it is “hereby dismissed without prejudice.”
“Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law,” Cheung said. “The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”
“The Government has conferred with defense counsel, who does not object to this motion,” Smith’s officeFollowing 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.
In the 11th Circuit motion, prosecutors pointed to the similar request they filed minutes prior in Washington, D.C., where they asked Chutkan to toss out Trump’s election interference charges because of the DOJ’s long-standing policy that it does not prosecute sitting presidents.
Mike Davis, founder of the judicial advocacy group the Article III Project, said there must be “severe” consequences against Smith for his cases against Trump. Judge Juan Merchan, who presided over the trial, told Manhattan District Attorney Alvin Bragg’s office and Trump’s defense team last week that they could commence filing motions arguing for and against the dismissal of the New York case, in addition to dismissing a previously planned sentencing that would have taken place Monday.seeing Trump sentenced in 2029Merchan ordered Trump to file his formal motion asking for dismissal by Dec. 2 and Bragg to respond by Dec.
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