Special Counsel Jack Smith is asking a judge to drop all charges against President-elect Donald Trump stemming from Smith’s investigation into the Jan. 6 U.S. Capitol breach, Fox News Digital has learned.
Judge Tanya Chutkan will need to approve the request before the case is dismissed.
Smith also filed a motion to drop his appeal in his classified records case against Trump–a case that was tossed in July by federal Judge Aileen Cannon. Cannon ruled Smith was unlawfully appointed as special counsel.
The moves come after Smith, earlier this month after Trump’s victory in the 2024 presidential election, signaled he would begin winding down his case against Trump. The filing went live on the Department of Justice docket on Monday afternoon.
Smith had already filed a motion to vacate all deadlines in the 2020 election interference case against Trump in Washington, D.C. – a widely expected move, but one that stopped short of dropping the case against Trump completely. Smith had said his team planned to give an updated report on the official status of the case against Trump on Dec. 2.
Trump pleaded not guilty to all charges in the case and took the fight to the U.S. Supreme Court, arguing on the basis of presidential immunity.
The high court ruled that Trump was immune from prosecution for official presidential acts, forcing Smith to file a new indictment. Trump pleaded not guilty to those new charges, too. Trump’s attorneys have been seeking to have the election interference charges dropped in Washington, D.C., alleging that Smith was appointed unlawfully.
‘The American People re-elected President Trump with an overwhelming mandate to Make America Great Again. Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law,’ Trump spokesman and incoming White House communications director Steven Cheung said in a statement. ‘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.’
Trump pleaded not guilty to all charges stemming from both of Smith’s investigations.
Smith is expected to resign as special counsel before Trump takes office.
Trump posted to his Truth Social Monday afternoon that the cases against him ‘are empty and lawless and should never have been brought.’
‘These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME,’ Trump posted. ‘Nothing like this has ever happened in our Country before.’
Trump said ‘state Prosecutors and District Attorneys, such as Fani Willis and her lover, Nathan Wade (who had absolutely zero experience in cases such as this, but was paid MILLIONS, enough for them to take numerous trips and cruises around the globe!), Letitia James, who inappropriately, unethically, and probably illegally, campaigned on ‘GETTING TRUMP’ in order to win Political Office, and Alvin Bragg, who himself never wanted to bring this case against me, but was forced to do so by the Justice Department and the Democrat Party.’
Trump added: ‘It was a political hijacking, and a low point in the History of our Country that such a thing could have happened, and yet, I persevered, against all odds, and WON. MAKE AMERICA GREAT AGAIN!’
This is a developing story. Please check back for updates.