Special Counsel Jack Smith on Monday moved to dismiss the case against US President-elect Donald Trump for allegedly conspiring to overturn the results of the 2020 election he lost to Joe Biden.
Smith, in a filing with the judge in Washington presiding over the historic case, said it should be dropped in light of a long-standing Justice Department policy not to prosecute a sitting president.
The special counsel asked District Judge Tanya Chutkan to dismiss the case “without prejudice” — leaving open the possibility it could be revived after Trump leaves office four years from now.
Smith paused the election interference case earlier this month after Trump defeated Kamala Harris in the November 5 presidential election.
“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…
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