A judge on Monday granted a request by prosecutors to dismiss the election subversion case against Donald Trump because of a Justice Department policy of not prosecuting a sitting president.
Judge Tanya Chutkan agreed to the request by Special Counsel Jack Smith to dismiss the case against the president-elect “without prejudice,” meaning it could potentially be revived after Trump leaves the White House four years from now.
“Dismissal without prejudice is appropriate here,” Chutkan said, adding in the ruling that “the immunity afforded to a sitting President is temporary, expiring when they leave office.”
Trump, 78, was accused of conspiring to overturn the results of the 2020 election he lost to Joe Biden and removing large quantities of top secret documents after leaving the White House, but the cases never came to trial.
Smith also moved on Monday to drop his appeal of the dismissal of the documents case filed against the former president in Florida. That case was tossed out earlier this year by a Trump-appointed judge on the grounds that Smith was unlawfully appointed.
The special counsel paused the election interference case and the documents case this month after Trump defeated Vice President Kamala Harris in the November 5 presidential election.
Smith cited the long-standing Justice Department policy of not indicting or prosecuting a sitting president in his motions to have the cases dismissed.
“The Government’s position on the merits of the defendant’s prosecution has not changed,” Smith said in the filing with Chutkan. “But the circumstances have.”
“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” Smith said.
“As a result this prosecution must be dismissed before the defendant is inaugurated.”
In a separate filing, Smith said he was withdrawing his appeal of the dismissal of the classified documents case against Trump but pursuing the case against his two co-defendants, Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira.
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Source: NDTV
