Special Counsel Smith seeks to dismiss Jan. 6 case, already dismissed classified records charges against Trump

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Jack Smith to drop Trump election interference case

Fox News legal editor Kerri Urbahn and contributor Jonathan Turley discuss the Justice Department's decision to drop the case against President-elect 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.

Smith also filed a motion to drop his appeal in his classified records case against Trump--a case that was tossed in July by federal Judge Aileen Cannon. Cannon ruled Smith was unlawfully appointed as special counsel. 

The moves come after Smith, earlier this month after Trump’s victory in the 2024 presidential election, signaled he would begin winding down his 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.

NEW YORK JUDGE GRANTS TRUMP REQUEST TO FILE MOTION TO DISMISS CHARGES, CANCELS SENTENCING INDEFINITELY

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. 

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"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."

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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.