Prosecutors seek dismissal of Trump charges
Federal prosecutors have requested the dismissal of criminal charges against President-elect Donald Trump related to his alleged attempts to overturn the 2020 election results. The request follows Trump's victory in the 2024 presidential election over Democratic Vice President Kamala Harris.
Special Counsel Jack Smith's office cited the long-standing Department of Justice policy that prohibits criminal prosecution of sitting presidents, as such actions would interfere with the chief executive's ability to function under the Constitution. This policy dates back to the 1970s.
The dismissal request represents a significant reversal for Special Counsel Smith, who had previously secured indictments against Trump in two major cases: one concerning the 2020 election interference and another regarding classified documents retained after leaving office in 2021. Smith is also ending his attempt to revive the classified documents case.
In August 2023, Trump had pleaded not guilty to four federal charges related to allegedly conspiring to obstruct vote collection and certification following his 2020 loss to Joe Biden. These charges stemmed from an investigation into Trump's efforts to retain power and events surrounding the January 6, 2021, Capitol attack.
The motion for dismissal, which requires approval from US District Judge Tanya Chutkan, effectively needs to occur before Trump takes office in January. The development marks both a legal and political victory for Trump, who, upon assuming the presidency, would have authority over the Justice Department and was expected to terminate both federal cases against him.
This dramatic shift in the prosecution's stance underscores how Trump's electoral success has directly impacted his legal challenges, potentially resolving some of the most significant federal cases against him before he returns to the White House.
