Special Counsel Jack Smith has moved to dismiss federal prosecutions of former President Trump, citing a longstanding Justice Department policy against prosecuting a sitting president.

Smith emphasized that this prohibition is absolute and independent from the nature of the alleged crimes or the strength of government evidence.

Earlier this year, a judge dismissed a case involving classified documents, ruling that Smith’s appointment was unlawful.

Although Smith’s office appealed this decision, it has now withdrawn this appeal.

A representative for Trump characterised Smith’s dismissal as a significant win for the rule of law, marking an end to a controversial period in U.S. history.

Smith was appointed special counsel in November 2022, shortly after Trump’s announcement for a presidential run. With the elections completed, Smith’s team is working to conclude the federal cases before he is expected to resign.

State felonies

While federal cases are dismissed, two state-level prosecutions are still pending. In New York, Trump was convicted of 34 state felonies related to hush money payments, but sentencing has been postponed as he seeks to overturn the conviction.

In Georgia, an election-interference case is also facing challenges, having been stalled due to attempts to disqualify the district attorney and the implications of Trump’s presidential election.

Both cases could potentially falter following Smith’s recent actions.