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DOJ drops assault charges against Georgia election case defendant Harrison Floyd

Defendant Harrison Floyd attends a hearing in the case of the State of Georgia v. Donald John Trump, February 13, 2024 at the Fulton County Courthouse in Atlanta. (Alyssa Pointer-Pool/Getty Images)

(MARYLAND) — Federal prosecutors on Wednesday moved to dismiss a long-running assault case against Harrison Floyd, one of the 19 defendants charged with attempting to overturn the 2020 election results in Georgia, after Floyd was accused of attacking two FBI agents in 2023 as they attempted to serve him with a subpoena in a related case.

The rare decision to drop the federal charge comes shortly after President Donald Trump in November issued a largely symbolic grant of clemency to individuals who worked on his behalf to challenge the results of the 2020 election.

In a court filing Wednesday, the Trump-appointed U.S. attorney in Maryland informed the federal judge overseeing Floyd’s case that her office “moves to dismiss without prejudice the criminal complaint in the above-captioned case.” The judge approved the request soon afterward.

Prosecutors did not provide an explanation for the dismissal.

The charge stemmed from an incident in February 2023 when Floyd allegedly assaulted two FBI agents sent on behalf of then-special counsel Jack Smith to serve him with a subpoena related to Smith’s federal election subversion probe, according to court records. Floyd, a former Marine and mixed martial arts fighter, allegedly rushed at the agents and spit in their faces, the records show.

During the encounter, Floyd shouted profanities at the agents, including “YOU F—— PIECE OF S—!” and “WHO THE F— DO YOU THINK YOU ARE,” according to an affidavit. One of the agents showed Floyd his firearm in an effort to de-escalate the confrontation, according to the affidavit.

Several months after the alleged assault, prosecutors in Fulton Country, Georgia, brought racketeering charges against Floyd and 18 others, including Trump, Rudy Giuliani, Sidney Powell, Boris Epshteyn, John Eastman and former White House chief of staff Mark Meadows, for their alleged efforts to keep Trump in power despite his 2020 election loss.

Floyd, Trump and 13 others pleaded not guilty to all charges, while Powell, Jenna Ellis, Kenneth Chesebro and Scott Hall took plea deals in exchange for agreeing to testify against other defendants. The case was ultimately dropped by prosecutor Pete Skandalakis, who took over after Fulton Country DA Fani Willis was disqualified from the case.

This past November, Trump issued all defendants a sweeping pardon, though the move was largely symbolic as the cases were brought at the state level and therefore fell outside the scope of presidential pardon power.

Floyd’s attorney, Carlos Salvado, told ABC News at the time that the language in Trump’s clemency order might also apply to Floyd’s otherwise unrelated federal assault charge.

Reached by ABC News on Wednesday, Salvado welcomed the dismissal. “I’m extremely happy for my client,” he said. “It’s a hell of a way to start 2026.”

A Justice Department spokesperson did not immediately respond to a request for comment from ABC News.

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