Prosecutor Seeks Dismissal of Trump Election Interference Case Citing Presidential Immunity

Special counsel Jack Smith has formally requested a federal judge to dismiss the election interference case against Donald Trump following his victory in the 2024 presidential election. In court documents filed Monday, Smith argued that the Justice Department’s longstanding policy prohibits the prosecution of a sitting president, citing constitutional immunity.

Trump, who was charged with conspiracy to defraud the United States and other offenses related to alleged efforts to overturn the 2020 election results, pleaded not guilty earlier this year.

Smith’s filing states:

“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.”

He clarified that the dismissal request is not a reflection on the merits of the case:

“This outcome is not based on the merits or strength of the case against the defendant.”

Trump’s spokesperson Steven Cheung hailed the request as a “major victory for the rule of law.”

“The American People re-elected President Trump with an overwhelming mandate to Make America Great Again,” said Cheung. “The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”

The dismissal request adds to the legal complexities surrounding Trump’s return to the White House. Sentencing in Trump’s New York criminal case has been delayed indefinitely, and another federal case involving classified documents is also expected to face dismissal under the same immunity principles.

Smith’s decision to seek dismissal underscores the constitutional challenges of prosecuting a sitting president. It also raises questions about the future of federal cases involving Trump and the broader implications of presidential immunity on accountability and the justice system.