Special Counsel Jack Smith has filed a motion to dismiss the federal indictment against President-elect Donald Trump, which accused him of attempting to overturn the 2020 election results.
The request, submitted to a Washington court on Monday, aligns with the Justice Department’s policy that prohibits the prosecution of a sitting president.
In the filing, Smith acknowledged that the legal proceedings must end as Trump prepares to assume office in January. He cited the department’s long-standing interpretation of the Constitution, which bars criminal cases against a sitting president regardless of the allegations.
“This policy is absolute and does not depend on the seriousness of the charges, the strength of evidence, or the merits of the case,” Smith stated.
The decision effectively halts efforts to hold Trump accountable for what prosecutors had described as an extensive scheme to undermine the democratic process.
However, the dismissal is “without prejudice,” meaning charges could potentially be refiled once Trump leaves office.
The indictment, initially filed in August 2023, accused Trump of orchestrating a plan to retain power despite losing the 2020 election. This included pressuring officials to overturn electoral votes and promoting unfounded claims of voter fraud.
This case is one of several legal battles Trump has faced during his political career, reflecting ongoing controversies surrounding his presidency and political conduct.
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