On Monday, a judge approved prosecutors’ request to dismiss the election subversion case against Donald Trump, citing a Justice Department policy that prevents the prosecution of a sitting president. Judge Tanya Chutkan agreed with Special Counsel Jack Smith’s motion to dismiss the case “without prejudice,” meaning it could be reinstated after Trump’s presidency ends four years from now.
Chutkan stated that “dismissal without prejudice is appropriate” and noted that the immunity of a sitting president is temporary and expires upon leaving office. Trump, who is 78, was accused of trying to reverse the 2020 election results he lost to Joe Biden and of taking classified documents when he left the White House, but these allegations did not progress to trial.
On the same day, Smith also decided to drop his appeal regarding the dismissal of a separate documents case against Trump in Florida, which had been dismissed earlier this year by a judge appointed by Trump, on grounds of unlawful appointment. The special counsel has paused the election interference and documents cases this month after Trump won the presidential election against Vice President Kamala Harris on November 5.
Smith referenced the established Justice Department policy of not prosecuting a sitting president in his motions. He explained in his filing that while the government’s views on the case’s merits remain unchanged, the circumstances have shifted.
Smith reiterated that the U.S. Constitution prohibits federal indictment and prosecution of a sitting president, necessitating the dismissal of the prosecution prior to Trump’s inauguration.
In a separate filing, Smith stated he was withdrawing his appeal regarding the classified documents case against Trump, while continuing with proceedings against his co-defendants, Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira.
In response, Trump posted on Truth Social that the cases were “empty and lawless” and criticized the expenditures involved, claiming that over $100 million of taxpayer money had been wasted in the Democrats’ efforts against him, stating that nothing like this had ever occurred in the country before.
Trump faced accusations of conspiracy to defraud the United States and to obstruct an official proceeding, relating to the congressional session that certified Biden’s victory, which was violently disrupted by supporters of Trump on January 6, 2021. He was also charged with attempting to disenfranchise voters through false claims of winning the 2020 election.
Additionally, Trump faces two state cases in New York and Georgia. In New York, he was convicted in May on 34 counts of falsifying business records in relation to a hush money payment to adult film star Stormy Daniels prior to the 2016 election. Sentencing has been postponed as Judge Juan Merchan reviews a request from Trump’s attorneys to have the conviction overturned based on a recent Supreme Court ruling affirming broad immunity from prosecution for former presidents.
In Georgia, Trump is facing racketeering charges related to efforts to overturn the 2020 election results, but that case is expected to be put on hold while he is in office.
