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NextImg:Jack Smith files to dismiss Trump Jan. 6 case - Washington Examiner

After much anticipation, special counsel Jack Smith has moved to officially dismiss the superseding indictment in the Jan. 6 case against President-elect Donald Trump.

Smith for weeks has signaled an end to his two separate indictments against Trump, citing longstanding policy under the Justice Department that precludes criminal cases against sitting presidents.

From left, former President Donald Trump, Republic presidential nominee, U.S. District Judge Tanya Chutkan, and special counsel Jack Smith. (Associated Press)

“The Government has conferred with defense counsel, who does not object to this motion,” Smith’s office wrote in a six-page motion.

Following a July 1 Supreme Court ruling that found former presidents are entitled to some forms of immunity for official acts, Smith refiled a superseding indictment this fall in the four-count criminal case, which accused Trump of attempting to subvert the results of the 2020 election through his actions during the Jan. 6, 2021 riot at the U.S. Capitol.

The superseding indictment sought to address some of the issues the Supreme Court addressed in the immunity case, though legal experts largely panned it as a rehashing of most of the significant allegations in the original case that was brought against Trump in August of 2023.

U.S. District Judge Tanya Chutkan, an appointee of former President Barack Obama, will still have to sign off on the motion to dismiss before the case is officially tossed.

Trump has additionally said he plans to fire Smith “within two seconds” of retaking the Oval Office, although reports indicate Smith is likely to resign before Trump gets that chance.

George Washington University law professor Jonathan Turley told Fox News on Monday that the 2024 election “effectively” became the largest jury verdict in history, citing the nation’s choice to elect Trump.

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“Smith knew if Trump won that he was out of a job,” Turley said, adding he thinks “that did tarnish” his image in history by attempting to charge and try Trump in court before an election.

This is a developing story and this will be updated.