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.
‘Empty and lawless’
Trump, in a post on Truth Social, said the cases were “empty and lawless, and should never have been brought.”
“Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME,” he said. “Nothing like this has ever happened in our Country before.”
Trump was accused of conspiracy to defraud the United States and conspiracy to obstruct an official proceeding — the session of Congress called to certify Biden’s win, which was violently attacked on January 6, 2021 by a mob of the then-president’s supporters.
Trump was also accused of seeking to disenfranchise US voters with his false claims that he won the 2020 election.
The former and incoming president also faces two state cases — in New York and Georgia.
He was convicted in New York in May of 34 counts of falsifying business records to cover up a hush money payment to porn star Stormy Daniels on the eve of the 2016 election to stop her from revealing an alleged 2006 sexual encounter.
However, Judge Juan Merchan has postponed sentencing while he considers a request from Trump’s lawyers that the conviction be thrown out in light of the Supreme Court ruling in July that an ex-president has broad immunity from prosecution.
In Georgia, Trump faces racketeering charges over his efforts to subvert the 2020 election results in the southern state, but that case will likely be frozen while he is in office.
