The Biden Department of Justice special counsel, Jack Smith, is moving to drop both federal prosecutions against President-elect Donald J. Trump. In a filing with U.S. District Court Judge Tanya Chutkan, Smith writes “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.”
As of November 2024, Smith’s investigations into former President Donald Trump have cost taxpayers around $50 million. This figure encompasses expenses related to personnel, travel, rent, contractual services, and security measures. Previous special counsel investigations have incurred varying costs, with Robert Mueller’s confected investigation into “Russian interference” costing approximately $32 million over two years.
“After careful consideration, the Department has determined that OLC’s prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated,” Smith writes. However, the special counsel—who has overseen much of the Biden government’s lawfare against Trump adds: “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind. ”
Smith notes: “The Government has conferred with defense counsel, who does not object to this motion.”
It is expected that Judge Chutkan will not oppose the motion, meaning the Washington, D.C. prosecution of Trump will likely soon be over. A second filing is expected in Florida to end the appellate proceedings following Judge Aileen Cannon’s dismissal of the documents case.
It is unclear whether Smith intends to leave the United States and move back to the Hague in the Netherlands, where he was residing prior to the Biden-Harris government’s drafting of him as a lawfare tactic against Trump’s 2024 campaign.
This story is developing.