September 23, 2026

Jack Smith files motion to dismiss Jan. 6 case against Trump as prez-elect slams ‘political hijacking’: ‘Low point in the History of our Country’

Smith had reportedly been working to wind down his cases against Trump — and step down before the former president gets sworn back into office on Jan. 20, 2025, and likely fires him

Jack Smith files motion to dismiss Jan. 6 case against Donald Trump before his inauguration

Citing Trump’s victory in the 2024 presidential election and precedent against indicting a sitting US president, Smith asked the court to dismiss its indictment against the 45th and soon-to-be 47th president.

Special counsel Jack Smith on Monday moved to dismiss the charges against Donald Trump related to the Jan. 6 riots — prompting the crowing president-elect to blast his prosecution as “political hijacking.

Smith’s team also filed a motion to end its appeal of a Florida judge’s decision nixing Smith’s classified document case against Trump — once considered one of the strongest in a slew of legal indictments against the Republican.

“These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought,” Trump vented on Truth Social.

“Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME. Nothing like this has ever happened in our Country before.”

Trump added that he had “persevered, against all odds, and WON” against the “political hijacking,” which he decried as a “low point in the History of our Country.”

Smith — citing Trump’s victory in the 2024 presidential election and precedent against indicting a sitting US president — asked a DC court Monday to dismiss the indictment involving Trump’s alleged 2020 election subversion efforts Jan. 6, 2020.

“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” Smith’s team Smith wrote in an unopposed motion to toss the case in a filing.

“The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” he said. “This outcome is not based on the merits or strength of the case against the defendant.”

Trump, 78, had been charged with conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, conspiracy against rights and conspiracy to defraud the United States in the case. He was the first former or sitting US president to be criminally charged with anything. 

“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’s 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.”

Vice President-elect JD Vance similarly took a victory lap over the development, positing that if Trump lost the election, “he may very well have spent the rest of his life in prison.

“These prosecutions were always political. Now it’s time to ensure what happened to President Trump never happens in this country again,” Vance added on X

Smith had reportedly been working to wind down his cases against Trump — and step down before the former president gets sworn back into office on Jan. 20, 2025, and likely fires him.

Presiding US District Judge Tanya Chutkan previously agreed to put the Jan. 6 case on pause days after the Nov. 5 election in light of Trump’s victory.

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James Comey instructed the FBI to infiltrate 2016 Trump campaign with ‘honeypots’: whistleblower

A protected whistleblower disclosure sent to the House Judiciary Committee has revealed that the FBI began targeting Donald Trump in June of 2015, shortly after he announced his presidential run, in an off-the-books investigation ordered by then-FBI Director James Comey. 

The disclosure, reviewed by the Washington Times, stated that two undercover FBI agents were directed to act as “honeypots” and infiltrated the high levels of Trump’s 2016 campaign. The undercover agents traveled with Trump and his campaign staff.

The agent “personally knew” that Comey had ordered the investigation against Trump and that Comey had “personally directed it.” The operation did not appear to target a specific crime, the Times reported, but rather was what agents described as a fishing expedition to find incriminating evidence on Trump.

The disclosure stated that the investigation “had no predicated foundation, so Mr. Comey personally directed the investigation without creating an official case file in Sentinel or any other FBI system.”

Involved in helping Comey execute the probe were Deputy Director Dave Bowdich and assistant director in charge of the Washington field office Paul Abbate, the disclosure said.

Targeted by the “honeypot” undercover agents was Trump campaign advisor George Papadopoulos, the whistleblower said. Papadopoulis pleaded guilty to making false statements to the FBI in October 2017 and was pardoned by Trump in 2020.

The whistleblower said that the secret investigation was closed after a newspaper obtained a photo of one of the agents and was ready to publish it. The FBI’s press office told the paper that the photo was of an informant, not an agent, and that the informant would be killed if the photo was published, the whistleblower said. 

The employee also said that one of the agents agreed to be transferred to the CIA so she could not be a witness, and another employee was given a promotion. “The FBI employee personally observed one or more employees in the FBI being directed to never discuss the operation with anyone ever again, which includes talking with other people involved in the operation,” the disclosure stated.

A House Judiciary Committee spokesman said the committee “plans to took into” the allegations they received from the whistleblower. Former FBI Assistant Director Chris Swecker told the outlet that if the report is true, it is a “booming, egregious violation” of rules for the attorney general and FBI.

“It’s an unpredicated infiltration of a presidential campaign which is sensitive,” he told The Times. “It’s sensitive to the point where it would have to have been approved by the [attorney general] and … would have to be predicated. And in this case, I’m not hearing any predication. It would have to be on the books anyway, regardless.”

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