Special counsel Jack Smith has filed motions to dismiss the case against President-elect Donald Trump for his alleged role in the events of January 6, 2021. He also filed a motion to dismiss his appeal of the classified documents case that was thrown out.
However, in both cases, he requested that they be dismissed without prejudice, meaning he could refile after Trump is no longer in office.
Trump was indicted earlier this year on multiple charges in the Jan. 6 case, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
The case has taken a number of turns. First, the Supreme Court ruled that Trump was entitled to some level of immunity for actions he took as president. That led to Smith filing a new indictment in August that he believed was in step with the Supreme Court's ruling, claiming Trump was acting as a private citizen, not as president, when he allegedly committed the federal crimes. This month, however, the case was served another blow as Trump won the presidential election. Department of Justice policy states that a sitting president cannot be prosecuted in a criminal court.
"After careful consideration, the Department has determined that OLC’s (Office of Legal Counsel) prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated," Smith wrote in his court filing.
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The classified documents case involving Trump was currently in the Eleventh Circuit Court of Appeals. Jack Smith appealed to the court after District Judge Aileen Cannon dismissed the case after agreeing with Trump's lawyers who said Smith was "unlawfully" appointed.
In a filing with the Court of Appeals, Smith essentially made a similar statement, noting his office would not prosecute a sitting president. He added that Trump's legal team had been informed of the motions and did not object to the dismissals.
"Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law," Trump communications director Steven Cheung said in a statement on Monday. "The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”
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