Biden-Harris Justice Department special counsel Jack Smith filed a motion Monday to dismiss all felony charges against President-elect Donald Trump in relation to the January 6 election-interference case.
Trump was accused of interfering in the 2020 election and was indicted in August 2023 on multiple charges, including conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
On Monday, Smith petitioned U.S. District Judge Tanya S. Chutkan, who is presiding over the case, to dismiss the case in accordance with the DOJ’s policy to not prosecute sitting presidents.
“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. 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 said in the six-page filing. “After careful consideration, the Department has determined that OLC’s prior opinions concerning the Constitution’s prohibition result this prosecution must be dismissed before the defendant is inaugurated.”
Smith is planning to quit his post at the DOJ before Trump takes office, and he recently asked Judge Chutkan to cancel pending proceedings, according to news reports. Trump pleaded not guilty to all charges, and in July, the Supreme Court ruled that the president-elect is immune to criminal prosecution for official acts taken while in office.
“The Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated,” Smith wrote in the filing. “And although the Constitution requires dismissal in this context, consistent with the temporary nature of the immunity afforded a sitting President, it does not require dismissal with prejudice.”
“This outcome is not based on the merits or strength of the case against the defendant,” Smith added.