“This result is not based on the merits or strength of the case against the defendant,” Smith added in the six-page filing.
In a statement, Trump’s team said the dismissal of the case was a “great victory for the rule of law.”
“The American people re-elected President Trump with an overwhelming mandate to make America great again,” said Trump’s press secretary, Stephen Cheng. “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.”
The request to dismiss Trump’s election tampering case marks the end of a long legal saga after Smith had to re-indict the president under a Supreme Court ruling that granted Trump partial immunity from prosecution.
Trump’s return to the White House has left several criminal cases against him in limbo.
His sentencing for the New York state conviction has been delayed indefinitely, while another federal case related to his handling of classified documents is also likely to be dismissed when he takes office.
Smith’s election sabotage case against Trump also ran into problems. Prosecutors were forced to reexamine the charges against the former president after the Supreme Court ruled in July that Trump is immune from prosecution for “official acts” that took place while he was in the White House.
In the revised indictment, Smith argued that Trump’s efforts to overturn the results of the 2020 election were related to his campaign and therefore were not official acts.
When Trump won the 2024 election this month, Smith began moving to drop both the election meddling case and the classified documents case, which accused Trump of storing classified files at his Mar-a-Lago, Florida resort and in the hindrance of the government to get them.
Trump has vowed to get rid of Smith as soon as he takes office. Smith has reportedly said he plans to step down next year.
Since Trump became president, “his criminal problems have disappeared,” said former federal prosecutor Neama Rahmani.
“It is clearly established that a sitting president cannot be prosecuted,” he said.
Trump is also facing state charges in Georgia over his efforts to overturn the election results there, but that case is also facing delays. An appeals court is considering overturning an earlier decision by Fulton County District Attorney Fannie Willis to stay on the case despite the relationship she had with the prosecutor she hired.
