Special counsel Jack Smith asked a federal judge on Monday to dismiss the case accusing President-elect Donald Trump of plotting to overturn the 2020 election, citing longstanding Justice Department policy shielding presidents from prosecution while in office.
The move announced in court papers marks the end of the Justice Department’s landmark effort to hold Trump accountable for what prosecutors called a criminal conspiracy to cling to power in the run-up to his supporters’ attack on the U.S. Capitol on Jan. 6, 2021.
Justice Department prosecutors, citing longstanding department guidance that a sitting president cannot be prosecuted, said the department’s position is that “the Constitution requires that this case be dismissed before the defendant is inaugurated.”
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