Special counsel Jack Smith has asked a judge to dismiss the federal election interference case against Donald Trump as he is set to become the next US president.
In new documents filed on Monday, Smith told the judge the case should be closed because of the Justice Department’s policy that bans the prosecution of a sitting president.
Trump had pleaded not guilty to conspiracy to defraud the US and other charges related to his efforts to overturn his 2020 election loss to President Joe Biden.
“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,” Smith wrote in the new filing. “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.”
“This outcome is not based on the merits or strength of the case against the defendant,” Smith added in the six-page filing.
The request to dismiss Trump’s election subversion case marks an end to a lengthy legal saga after Smith had to refile charges against the president based on a Supreme Court ruling that found Trump had partial immunity to prosecution.