Special counsel Smith is seeking to dismiss the charges against Trump on January 6

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 break-in at the U.S. Capitol, Fox News Digital has learned.

Judge Tanya Chutkan must approve the request before the case is dismissed.

After Trump’s victory in the 2024 presidential election earlier this month, Smith signaled that he would begin to close the case against Trump. The filing went live at the Ministry of Justice on Monday afternoon.

Smith had already filed a motion to vacate all deadlines in the 2020 election interference case against Trump in Washington, DC — a highly anticipated move, but one that stopped short of dropping the case against Trump entirely. Smith had said his team planned to provide an updated report on the official status of the case against Trump on Dec. 2.

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

The Supreme Court ruled that Trump was immune from prosecution for official presidential acts, forcing Smith to file a new indictment. Trump also pleaded not guilty to these new charges. Trump’s lawyers have sought to have the election interference charges dropped in Washington, DC, alleging that Smith was appointed illegally.

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Smith’s case related to Trump’s alleged wrongful retention of classified records was dismissed by a federal judge this summer. The judge ruled that Smith was improperly appointed as a special counsel. There is still an appeal in the case, although Smith could drop that as well.

“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 step down as special counsel before Trump takes office.

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