Jack Smith moves to dismiss Trump's election interference case

• Jack Smith wants to end his major criminal case against Donald Trump.
• Trump was facing prosecution over his actions to try to overturn the 2020 election results.
• Smith said Trump's 2024 victory necessitates ending the prosecution before he is sworn in.

Special counsel Jack Smith on Monday moved to dismiss the post-2020 election criminal case against President-elect Donald Trump.

Smith said Trump's 2024 victory necessitated ending the case related to the president-elect's efforts to overturn the 2020 election before he is inaugurated on January 20.

This likely removes one of the biggest legal cases hanging over Trump. Smith said that the Department of Justice interpretation of the Constitution would not allow the case to go on while Trump is in office. But theoretically, the door isn't closed forever.

"The Department's position is that the Constitution requires that this case be dismissed before the defendant is inaugurated. 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," Smith wrote in the filing.

Smith said Trump's attorneys agree with his move to dismiss.

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