Special Counsel Jack Smith has requested a federal judge dismiss the election interference case against Donald Trump, following Trump’s victory in the 2024 US presidential election.
The request comes as Trump prepares to take office on January 20, with Smith citing long-standing Department of Justice policy that prevents the prosecution of sitting presidents.
The motion to dismiss was filed on Monday, marking a significant development in the high-profile case that had charged Trump with conspiracy to defraud the United States.
In the new court filing, Smith explained the constitutional basis for the dismissal request.
“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” Smith wrote.
The special counsel acknowledged Trump’s impending presidency in the documents, stating: “As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025.”
The six-page filing outlines the legal rationale behind the Justice Department’s long-standing position on presidential prosecution.
Trump had previously pleaded not guilty to charges related to his attempts to overturn his 2020 election loss to President Joe Biden.
The charges were part of a broader investigation into efforts to challenge the 2020 election results.
Smith emphasised in his filing that the dismissal request was not a reflection on the case itself.
“This outcome is not based on the merits or strength of the case against the defendant,” the special counsel wrote.
The request follows a complex legal journey that included Smith having to refile charges against Trump after a Supreme Court ruling.
That ruling had found Trump possessed partial immunity to prosecution.
More to follow…