President-elect Donald Trump is on course to avoid accountability for his alleged efforts to overturn the 2020 presidential election and other legal battles, as Special Counsel Jack Smith on Monday, Nov. 25, moved to dismiss the four federal felony charges against him. The charges stemmed from Trump’s attempts to remain in power despite losing the election and his role in the January 6 attack on the U.S. Capitol.
A grand jury initially indicted Trump in August 2023 for conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights. The indictment accused Trump of knowingly spreading false claims about voter fraud, pressuring then-Vice President Mike Pence to reject electoral votes, and orchestrating a plan to subvert the democratic process. Smith’s case marked a historic first—no former president had ever been criminally charged for seeking to retain power unlawfully.
However, the case stalled as Trump’s legal team successfully argued that the constitutional protections of presidential immunity barred his prosecution. In July 2024, the Supreme Court ruled in Trump’s favor, cementing the broad immunity application for sitting presidents. The ruling, combined with Trump’s victory in the 2024 election, has ensured that he will face no immediate legal repercussions.
Smith’s motion to dismiss echoed the Justice Department’s longstanding policy against prosecuting sitting presidents. “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 wrote.
The motion comes as Trump was set to be sentenced this month in New York on 34 felony convictions related to falsifying business records tied to a hush-money payment to adult film actor Stormy Daniels. That sentencing has been delayed indefinitely, and many legal experts believe it may never occur. Trump has also faced charges in Fulton County, Georgia, for an alleged attempt to overturn the 2020 election in the state, but the future of that case remains uncertain as his return to the presidency approaches.
Meanwhile, Smith is expected to file a final report with Attorney General Merrick Garland before resigning. Garland has pledged to release the report publicly, but Trump’s incoming administration could delay or block its disclosure. Trump plans to install loyal allies at the Justice Department, including former Florida Attorney General Pam Bondi as Attorney General. Bondi has vowed to investigate and prosecute those who brought cases against Trump, calling them members of a “deep state” conspiracy.
“The Department of Justice, the prosecutors will be prosecuted, the bad ones,” she declared last year after Trump’s indictment in Georgia. Her appointment would dramatically shift the DOJ’s focus under Trump’s administration.
Many January 6 defendants continue to serve prison sentences for their roles in the Capitol attack. Some have expressed regret, admitting Trump’s false election fraud claims misled them. Meanwhile, Trump has promised to pardon many of those convicted, referring to them as “political prisoners” and “warriors.”
Trump will be sworn in on January 20, 2025, walking through the same Capitol tunnel where some of the most violent clashes of January 6 took place. “When he lost the 2020 race, Trump resorted to crimes to hold onto power,” Smith wrote in court filings.
