The case was dismissed “without prejudice.” This means the charges could be brought again after Trump completes his second term as president.
In his motion to dismiss the election case, Smith wrote: “This finding is not based on the merits or strength of the case against the defendant.”
Trump has pleaded not guilty in both cases.
After leaving office, Trump crossed unprecedented legal territory for a former president and became the first person to be tried and later convicted criminally in a case involving money paid to adult film star Stormy Daniels.
At the beginning of the year, he faced nearly 100 criminal charges in connection with two federal cases and others.
The Supreme Court ruled this summer that former presidents cannot be prosecuted for “official acts” taken while in office, and Trump won the presidential election a few months later. Almost all charges have now been dismissed, and the case brought by Georgia prosecutors is currently on hold.
President Trump posted on his social media site Truth Social that the federal case is “empty, illegal and should never have been brought.”
“It was a political takeover and the worst situation in the history of our country that allowed this to happen, but I persevered against all odds,” he wrote.
Vice President-elect J.D. Vance said the prosecution was “always political.”
“If Donald J. Trump had lost the election, he would have spent the rest of his life in prison,” he wrote.
Trump promised to fire Smith as soon as he took office in January. Smith reportedly said he plans to resign next year.
The dismissal of the case marks the end of a long, drawn-out legal saga.
Smith was forced to refile election subversion charges against the former president based on a Supreme Court ruling that exempted Trump from some charges.
In the amended indictment, the special prosecutor argued that Trump’s attempt to overturn the 2020 election results was not an official act because it was related to his campaign.
In the classified documents case, Trump is accused of storing dozens of sensitive files at his Mar-a-Lago resort in Florida and obstructing government efforts to retrieve them.
Judge Eileen Cannon, appointed by President Trump, dismissed the charges after ruling that Smith was improperly appointed to lead the case.
But Smith appealed his decision, and the case remained pending in the 11th Circuit Court of Appeals until it was dismissed Tuesday.
The special counsel continues to indict two Trump associates, Walt Nauta and Carlos De Oliveira, on charges related to classified documents. Both men have pleaded not guilty.
In a filing Tuesday, Smith said he was continuing his appeal in part against Judge Cannon’s controversial ruling that the attorney general does not have legal authority to appoint a special prosecutor. If he succeeds, the issue could ultimately be resolved in the Supreme Court.
De Oliveira’s attorney, John Irving, said in a statement: “The special prosecutor’s decision to proceed with this case after President Trump’s dismissal is a well-deserved tribute to the poor judgment that led to the indictment of De Oliveira.” First of all, Oliveira.
“Just because you can doesn’t mean you should. If they prefer a slow acquittal, that’s fine with us,” Mr. Irving said.
