Special counsel Jack Smith has formally requested the dismissal of the federal indictment against President-elect Donald Trump, which accused him of attempting to overturn the results of the 2020 election
Special counsel Jack Smith has formally requested the dismissal of the federal indictment against President-elect Donald Trump, which accused him of attempting to overturn the results of the 2020 election.
The move, made in a Washington court filing on Monday, reflects the Justice Department’s policy that sitting presidents cannot face prosecution.
In his filing, Mr Smith acknowledged that the two-year legal battle against Mr Trump must now end as the president-elect prepares to take office in January.
He noted that the department’s long-standing interpretation of the Constitution prohibits criminal proceedings against a sitting president, regardless of the severity of the allegations.
“This policy is categorical and does not turn on the gravity of the crimes charged, the strength of the government’s proof, or the merits of the prosecution,” Mr Smith wrote.
The decision effectively halts efforts to hold Mr Trump accountable for what prosecutors had described as a wide-ranging scheme to subvert the democratic process.
However, the dismissal is “without prejudice,” leaving open the possibility that charges could be refiled after Mr Trump leaves office.
The indictment, brought in August 2023, was one of several legal challenges Mr Trump has faced during his political career.
It alleged that he orchestrated a plot to remain in power despite his 2020 election loss, including pressuring officials to reject electoral votes and promoting baseless claims of voter fraud.
