Special counsel Jack Smith has filed a motion to drop all four felony charges against President‑elect Donald Trump in connection with efforts to overturn the 2020 presidential election. The filing follows a series of developments that have brought the Justice Department’s investigations into Trump’s post‑election conduct to the attention of the House Judiciary Committee.
Background of the Investigation
Smith was appointed in 2022 to oversee two separate Justice Department investigations. One probes Trump’s attempts to overturn his 2020 election loss, and the other examines his hoarding of classified documents at his Mar‑a‑Lago estate in Palm Beach, Florida. In both cases, Smith’s team filed charges that were later abandoned after Trump was elected to the White House again last year. The abandonment was justified by Justice Department legal opinions that a sitting president cannot be indicted.
Motion to Drop Charges
In a recent filing, Smith submitted a motion to drop all four felony charges that had been brought against Trump. The motion is linked to the same investigations that led to the earlier filings. The decision to drop the charges is a direct consequence of the legal opinion that a sitting president cannot be indicted.
House Judiciary Committee Interview
Earlier this month, Smith was subpoenaed to provide testimony and documents to the House Judiciary Committee. While Smith had volunteered more than a month earlier to answer questions publicly before the committee, the offer was rebuffed by lawmakers. As a result, Smith is set for a closed‑door interview with House Republicans on Wednesday.
The interview is part of an ongoing investigation by the Republican‑led committee into the Justice Department’s criminal inquiries of Trump during the Biden administration. Smith’s lawyers indicated that he would cooperate with the congressional demand despite the earlier public offer.
Smith’s Statements
“We are disappointed that offer was rejected, and that the American people will be denied the opportunity to hear directly from Jack on these topics,” one of his lawyers, Peter Koski, said in a statement this month. “Jack looks forward to meeting with the committee later this month to discuss his work and clarify the various misconceptions about his investigation.”
Smith is expected to discuss both of his investigations of Trump but will not answer questions that call for grand jury materials, which are restricted by law. He is also expected to correct what he regards as mischaracterizations from Republicans about his work, including about his team’s use of cellphone records belonging to certain GOP lawmakers.
Trump’s Response
During a press briefing at the White House, Trump told reporters that he supported the idea of an open hearing. He said, “I’d rather see him testify publicly. There’s no way he can answer the questions.”
Phone Records Analysis
Republicans who control Congress have sought interviews with at least some individual members of Smith’s team. In recent weeks they have seized on revelations that the team, as part of its investigation, had analyzed the phone records of select GOP lawmakers from on and around Jan. 6, 2021. That day, pro‑Trump rioters stormed the U.S. Capitol to try to halt the certification of Trump’s election loss to Democrat Joe Biden.
The phone records reviewed by prosecutors included details only about the incoming and outgoing phone numbers and the length of the call but not the contents of the conversation. The records were of select GOP lawmakers and were part of the investigation into Trump’s efforts to overturn the election.
Key Takeaways
- Jack Smith filed a motion to drop all four felony charges against Trump related to the 2020 election.
- Smith will appear for a closed‑door interview with House Republicans on Wednesday.
- Trump has expressed a preference for an open hearing and believes Smith cannot answer questions publicly.
- Republicans have focused on phone‑record analysis of GOP lawmakers from Jan. 6, 2021.
The developments underscore the continuing legal and congressional scrutiny of Trump’s post‑election activities and the broader implications for presidential accountability during an ongoing administration.
