Keep Factually independent
Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.
Were the 34 chrages against trump dropped?
Executive summary
Available reporting shows that some federal criminal prosecutions tied to Special Counsel Jack Smith were dropped after Trump’s 2024 election victory — Smith moved to drop the classified‑documents and election cases in November, asking that dismissals be “without prejudice” (meaning they could be refiled later) [1] [2]. The 34 counts you reference are the 34 state felony counts for falsifying business records in New York (the “hush‑money” conviction); those counts were not simply “dropped” across the board in the same way and remain the subject of appeals and legal maneuvering [3] [4] [5].
1. What the phrase “34 charges” refers to — and why that matters
The “34 charges” widely cited in media refer specifically to 34 state felony counts of first‑degree falsifying business records tied to payments before the 2016 election; a New York jury convicted Trump on those 34 counts in May 2024 and he was subsequently sentenced (reporting marking the anniversary of that conviction recounts the 34 convictions) [4] [6]. Confusing different sets of cases — federal prosecutions by Jack Smith, state prosecutions in New York, and other state cases such as in Georgia — has produced the mistaken impression that a single act “dropped all 34 charges,” which is not what the available coverage shows [3] [1].
2. Federal cases Jack Smith dropped after the election
Special Counsel Jack Smith moved to drop both of his major federal prosecutions — the 2020 election‑interference case and the Mar‑a‑Lago classified‑documents case — in November after Trump won reelection, invoking DOJ policy about not indicting a sitting president; Smith asked that the dismissals be “without prejudice” so charges could, in theory, be refiled after Trump leaves office [1] [2]. Multiple outlets summarize that Smith said the decision reflected the change in Trump’s status and not a judgment he lacked evidence; Smith’s final report said his office “stands fully behind” the merits of the prosecutions [1] [2].
3. The New York 34‑count conviction: not the same as Smith’s dismissals
Radio Free Asia and other fact checks stressed that the Manhattan District Attorney’s Office did not drop the state 34‑count case after the election; court filings in late 2024 showed the prosecution intended to proceed with sentencing and post‑trial matters despite claims online that “all charges have been dropped” [3]. By contrast, later reporting and anniversary pieces treat the New York conviction and its appeals as ongoing legal business distinct from Smith’s federal decisions [4] [5].
4. Appeals, venue fights and the possibility of unmaking the 34‑count result
Although the state 34‑count conviction wasn’t “dropped” by prosecutors in the same manner as Smith’s federal cases, appellate developments and constitutional rulings have opened potential paths to vacate or move that conviction. Reporters note active appeals and a bid to move the appeal into federal court — a tactic that could, depending on constitutional rulings about presidential immunity or “official acts,” increase the chance the conviction is overturned or dismissed [5]. These are legal processes, not an automatic dismissal like Smith’s November actions, and outcomes remain unsettled in the courts [5].
5. What “without prejudice” and other legal labels mean here
When Smith sought dismissal “without prejudice,” he left open the prosecutors’ ability to refile charges later; Forbes explained that “without prejudice” differs from dismissal “with prejudice,” which would bar refiling. That distinction is crucial to understanding why some federal charges ended but could in theory be renewed after Trump leaves office [1].
6. Competing narratives and where misinformation has spread
Fact‑checkers flagged social posts that incorrectly claimed sentencing adjournments or court moves equaled prosecutors abandoning the New York 34‑count case; Radio Free Asia explicitly said the Manhattan DA’s prosecution had not been dropped [3]. Conversely, some outlets reported broadly that “almost all those charges have been dropped” after the Supreme Court and election results — a phrasing that conflates distinct prosecutions and can mislead readers unless the jurisdiction and case are specified [7] [2].
7. Bottom line and what to watch next
Available sources show Smith dropped his federal election and documents prosecutions after the 2024 election (dismissals described as “without prejudice”), while the 34 state counts in New York involve a separate conviction and appeals process that was not simply “dropped” in the same way [1] [3] [4]. Watch for appellate decisions about the New York conviction and any future decisions by federal or state prosecutors about refiling federal counts after Trump leaves office — those events will determine whether the practical effect of earlier dismissals becomes permanent [1] [5].