Jack Smith moves to dismiss election interference case against Trump

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Elizabeth Preza
November 25, 2024Trump

Special counsel Jack Smith on Monday filed a motion to dismiss federal charges against Donald Trump related to his effort to overturn the 2020 presidential election, CBS News reports.

Smith, CBS reports, “asked a federal district court in Washington on Monday to dismiss the case against” the president-elect.

“In newly filed court documents, federal prosecutors working in Smith's office told U.S. District Judge Tanya Chutkan that they are seeking to close Trump's case because Justice Department policy forbids the prosecution of a sitting president,” CBS News reports.

CNN’s Kaitlin Collins likewise posted about the move.

“News — Jack Smith says he is dropping his election subversion case against President-elect Trump,” Collins wrote on X.

In his filing, Smith wrote the Department of Justice was confronted with an “unprecedented situation” as a result of the November 5, 2024 presidential election — and consulted with the Department’s Office of Legal Counsel (OLC) for guidance.

"After careful consideration, the Department has determined that OLC’s 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 filing.

“That prohibition 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, which the Government stands fully behind,” he added.

Read the full filing here.