Special Counsel Smith seeks to dismiss Jan. 6 charges against Trump

Special Counsel Jack Smith is asking a judge to drop all charges against President-elect Donald Trump stemming from Smith’s investigation into the Jan. 6 U.S. Capitol breach, Fox News Digital has learned.

Judge Tanya Chutkan will need to approve the request before the case is dismissed.

After Trump’s victory in the 2024 presidential election earlier this month, Smith signaled he would begin winding down the case against Trump. The filing went live on the Department of Justice docket on Monday afternoon.

Smith had already filed a motion to vacate all deadlines in the 2020 election interference case against Trump in Washington, D.C. – a widely expected move, but one that stopped short of dropping the case against Trump completely. Smith had said his team planned to give an updated report on the official status of the case against Trump on Dec. 2.

Trump pleaded not guilty to all charges in the case and took the fight to the U.S. Supreme Court, arguing on the basis of presidential immunity. 

The high court ruled that Trump was immune from prosecution for official presidential acts, forcing Smith to file a new indictment. Trump pleaded not guilty to those new charges, too. Trump’s attorneys have been seeking to have the election interference charges dropped in Washington, D.C., alleging that Smith was appointed unlawfully. 

Smith’s case related to Trump’s alleged improper retention of classified records was dismissed by a federal judge this summer. The judge ruled that Smith was unlawfully appointed as special counsel. There is an appeal still pending in that case, though Smith could drop that, too.

‘The American People re-elected President Trump with an overwhelming mandate to Make America Great Again. Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law,’ Trump spokesman and incoming White House communications director Steven Cheung said in a statement. ‘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.’

Trump pleaded not guilty to all charges stemming from both of Smith’s investigations. 

Smith is expected to resign as special counsel before Trump takes office. 

This is a developing story. Please check back for updates.