The pending federal cases against Trump were dropped. What to know about how we got here

 

Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against Donald Trump on August 1, 2023 in Washington, DC. 

Drew Angerer/Getty Images

Even before special counsel Jack Smith formally asked that his criminal cases — the 2020 election subversion prosecution and the charges of mishandling classified documents — against Donald Trump be dismissed, it was already guaranteed the president-elect would never see a jury.

Here’s what you need to know about Smith’s move to seek the cases’ dismissal and how his prosecutions got to this point:

Trump’s election and retribution promises made this day inevitable: Trump’s reelection this month ensured that his federal criminal cases would face an early end. The former president vowed during his campaign to fire Smith if voters sent him back to the White House – a move at odds with how other presidents have handled special counsels. In the end, though, Trump didn’t need to sack Smith. He was already benefiting from a legal strategy of delay that made sure no trials got underway before election, which ultimately forced Smith’s hand.

The Supreme Court played a major role: If part of what happened was that Smith simply ran out of time to pursue the case against Trump, then the six-justice conservative majority on the Supreme Court had a key role to play in slowing things down. The high court granted Trump sweeping immunity from criminal prosecution for official actions in a highly anticipated 6-3 decision that was handed down in July, limiting the special counsel’s ability to move forward.

Judge Cannon killed the classified documents case: Trump hit the jackpot when the case was assigned to Judge Aileen Cannon, an appointee of his with little trial experience. She threw a number of wrenches into the prosecutors’ case before dismissing it entirely this summer on the grounds that Smith was unlawfully appointed. Her handling of the charges was widely panned by legal experts.

Smith keeps door open for charges to be brought again: Smith said he was dropping the charges against the president-elect “without prejudice,” which in theory would keep open the door for charges to be brought again in the future.