Special Counsel Jack Smith has asked a federal judge on Monday to dismiss the charges against U.S. President-elect Donald Trump, which accused him of conspiring to overturn the results of the 2020 presidential election.
Smith cited a longstanding policy of the U.S. Department of Justice, which protects sitting presidents from criminal prosecution, in his request to have the case against Trump dismissed.
This move marks the end of the historic efforts by the Department of Justice to hold Trump accountable for what prosecutors described as a criminal conspiracy to seize power before his supporters stormed the U.S. Capitol building on January 6, 2021.
Department of Justice prosecutors, citing the department’s long-standing policy that a sitting president cannot be prosecuted, stated that the department’s position is that “the Constitution requires that this case be dismissed before the defendant is inaugurated.”
This decision was expected, as Smith’s team began reviewing the conclusion of two major cases—the 2020 election interference and another case regarding classified documents—after Trump defeated Vice President Kamala Harris in the November 5 elections.
The Department of Justice believes that Trump can no longer be prosecuted, as its policy states that sitting presidents are immune from criminal prosecution.
Trump has described both cases against him as politically motivated and has pledged to remove Smith from office as soon as he assumes the presidency in January.
