Special prosecutor Jack Smith has moved to dismiss two criminal cases against US President-elect Donald Trump, citing constitutional protections that shield sitting presidents from prosecution.
The Department of Justice (DOJ) filed a motion on Monday requesting the dismissal of the cases, which include charges of election subversion and mishandling classified documents.
The DOJ filing emphasised the constitutional basis for the decision: “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.
“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.”
This decision ensures that Trump will not face prosecution before taking office on January 20.
Prosecutor Smith clarified in the filing that the move is not a reflection of the merits of the cases, stating: “This outcome is not based on the merits or strength of the case against the defendant.”
The request to dismiss the cases “without prejudice” leaves the door open for charges to be refiled after Trump completes his second term. A judge’s approval is required for the dismissals to take effect.
The charges against Trump were widely regarded as significant legal threats during his bid to reclaim the presidency. However, Trump navigated the legal challenges without derailing his campaign, leveraging political strategies to counter the indictments.
In response to the development, Trump declared his intention to dismiss Smith upon resuming office, breaking from previous norms surrounding special counsel investigations. Smith has reportedly indicated plans to step down in 2024.
Trump’s team hailed the decision as “a major victory for the rule of law,” further solidifying his position ahead of his inauguration.
