The legal landscape surrounding former President Donald Trump has shifted dramatically as Special Prosecutor Jack Smith recently decided to drop two criminal cases against him. Smith’s decision impacts the 2020 election interference case and an appeal in a classified documents case, both of which have been under intense scrutiny. The dismissal of these cases follows determinations made by the Department of Justice (DOJ), which deemed it unconstitutional to prosecute President-elect Trump due to his upcoming inauguration.
This outcome aligns with past opinions from the DOJ’s Office of Legal Counsel (OLC), which had concluded in 1973 and 2000 that prosecuting a sitting president could imperil the constitutional separation of powers. For more on this legal rationale, please refer to the court filing documented by Smith.
The US Supreme Court also weighed in on the broader issue earlier this year, ruling that presidents are presumptively immune from prosecution for “official acts” committed in office. This decision, highlighted in a report by JURIST, was seen as reinforcing the OLC’s standpoint, underscoring the potential constitutional crisis posed by prosecuting a sitting or recently elected president.
As a response to this development, President-elect Trump took to Truth Social to express his views, calling the cases “empty and lawless,” and framing their dismissal as a victory for him and his supporters. His reaction can be read in full here.
While the main cases against Trump have been dismissed, the legal journey is not yet over. An appeal to reinstate charges against two co-defendants in the classified documents case is still pending. Furthermore, the fate of Trump’s Georgia election interference case remains uncertain following a recent decision by a state appeals court to cancel a hearing on the matter. More details on the ongoing legal processes can be found in this report from JURIST.