WASHINGTON — On Monday, Special Counsel Jack Smith requested a federal judge dismiss the case against President-elect Donald Trump, citing long-standing Justice Department policy protecting presidents from prosecution while in office.
This court filing concludes the Justice Department’s attempt to hold Trump accountable for what prosecutors described as a criminal conspiracy to retain power before his supporters attacked the U.S. Capitol on
Citing longstanding department guidelines preventing the prosecution of sitting presidents, Justice Department prosecutors stated that the Constitution mandates dismissal of the case prior to the defendant’s inauguration.
Prosecutors wrote in Monday’s filing that this prohibition is absolute, irrespective of the charged offenses’ severity, evidence strength, or the prosecution’s merits, which the Government fully supports.
This decision was anticipated after Smith’s team began evaluating how to conclude both the 2020 election interference case and the separate classified documents case following Trump’s election victory over Vice President Kamala Harris. The Justice Department believes established policy preventing the prosecution of sitting presidents precludes trying Trump.
Trump has denounced both cases as politically motivated and vowed to dismiss Smith upon assuming office in January.
Filed last year, the 2020 election case was initially considered a significant legal threat to the Republican’s presidential bid. However, it encountered delays due to Trump’s extensive claims of immunity from prosecution for actions taken while in office.
In July, the U.S. Supreme Court ruled for the first time that former presidents enjoy broad immunity from prosecution and remanded the case to U.S. District Judge Tanya Chutkan to determine which indictment allegations, if any, should proceed to trial.
The trial court case had recently gained momentum. In October, Smith’s team submitted a comprehensive brief presenting new evidence for trial, alleging Trump resorted to crimes in a desperate attempt to overturn the election results following his loss to President Joe Biden.