Jack Smith files motion to dismiss Jan. 6 case against Donald Trump before his inauguration

Special counsel Jack Smith on Monday moved to dismiss four charges against President-elect Donald Trump for his alleged 2020 election subversion efforts.

Citing Trump’s victory in the 2024 presidential election and precedent against indicting a sitting US president, Smith asked the court to dismiss his indictment against the 45th and soon-to-be 47th president.

“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” Smith’s team wrote in a filing.

Trump had been charged with conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, conspiracy against rights and conspiracy to defraud the United States.

Smith had reportedly been working to wind down his cases against Trump — and step down before the former president gets sworn back into office on Jan. 20, 2025, and fires him.