Fox News legal analyst Gregg Jarrett said Tuesday that President-elect Trump’s latest legal victory “came as no shock” after U.S. special counsel Jack Smith requested to drop the federal election interference case. Jarrett told “Fox & Friends” that Smith appeared “desperate” to help the Democratic presidential nominee win in order to save his job and continue the “misbegotten” prosecutions.
GREGG JARRETT: This is no great shock. The moment Trump won, Smith’s misbegotten cases were over. And he knew and feared that that might happen. Which is why he tried to rush the prosecutions before the election. And when he failed, then he attempted to harm Trump’s chances at the ballot box to really see to the public damaging documents right before the election. And that, of course, ignored DOJ rules that forbid it. Even the judge said that’s irregular, but she happily went along with it. You know, the special counsel, I think, was desperate to help the Democratic nominee win so he could keep his job and continue these vindictive prosecutions. Obviously, it didn’t work. Americans had the final say.
These two cases should never have been brought. Jack Smith was appointed three days after Trump announced he was running for president, which tells you everything you need to know. No fair or neutral prosecutor would have ever done this. These were purely political, which is what Jack Smith has always done in his career. They were legally weak based on completely untested legal theories, and constitutional roadblocks were everywhere in front of him. The Supreme Court shredded the J6 case on immunity grounds, and the high court also said, ‘DOJ, you’re misusing the obstruction charges.’ So in the end, there was really nothing left of Smith’s cases.
Smith’s case was related to the investigation into the Jan. 6 U.S. Capitol breach.
“The Government has moved to dismiss the Superseding Indictment without prejudice,” U.S. District Judge Tanya Chutkan wrote in a decision. “Defendant does not oppose the Motion…and the court will grant it.”
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.
Fox News’ Brooke Singman contributed to this report.
