Special Counsel Jack Smith moved to drop the election interference case against President-elect Donald Trump.
“As a result of the election held on November 5, 2024, the defendant, Donald J. Trump, will be inaugurated as President on January 20, 2025. 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,” the court filing reads.
“But the Department and the country have never faced the circumstance here, where a federal indictment against a private citizen has been returned by a grand jury and a criminal prosecution is already underway when the defendant is elected President,” it continues, adding, “After careful consideration, the Department has determined that [Office of Legal Counsel] 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.”
“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. Based on the Department’s interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment under Federal Rule of Criminal Procedure 48(a). The Government has conferred with defense counsel, who does not object to this motion.”
The filing adds: “The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have: as a result of the election held on November 5, 2024, the defendant will be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025.”
Trump’s forthcoming certification and inauguration “sets at odds two fundamental and compelling national interests: on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities … and on the other hand, the Nation’s commitment to the rule of law…”
Smith has also requested that the 11th US Circuit Court of Appeals pause his appeal in the Mar-a-Lago documents case against Trump.
“As a result of the election held on November 5, 2024, one of the defendants in this case, Donald J Trump, is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” the court filing said.
“The Government respectfully requests that the Court hold this appeal in abeyance——and stay the deadline for the Government’s reply brief, which is currently due on November 15, 2024—until December 2, 2024, to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
