The Collapse of Anti-Trump Lawfare

A judge has granted Jack Smith’s request to dismiss the 2020 election-interference case against Trump.

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Then-Special Counsel Jack Smith makes a statement to reporters after a grand jury returned an indictment of former president Donald Trump in the special counsel’s investigation of efforts to overturn his 2020 election defeat, at Smith’s offices in Washington, D.C., August 1, 2023.

Jonathan Ernst/Reuters

Biden-Harris Justice Department special counsel Jack Smith has formally asked Judge Tanya Chutkan to dismiss the so-called January 6 case — the 2020 election-interference prosecution of President-elect Donald Trump. Late Monday, Chutkan granted the motion.

In consultation with DOJ’s Office of Legal Counsel (OLC), Smith determined that the long-standing DOJ guidance on criminal proceedings against a sitting president dictated that the current indictment in the case be dismissed without prejudice to the potential reindictment of the charges following Trump’s anticipated exit from office in January 2029.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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