Judge Dismisses Trump’s 2020 Election Interference Case at Jack Smith's Request
The special prosecutor’s hand was forced by the president-elect’s imminent return to the White House.
Saul Loeb/AFP via Getty Images
Hours after Jack Smith threw in the towel on prosecuting Donald Trump’s federal election interference case in Washington, a judge agreed Monday.
U.S. District Judge Tanya Chutkan granted Smith’s motion to dismiss the Jan. 6-related indictment. The actions formally end the case that Trump illegally conspired to overturn his 2020 election loss to President Joe Biden in the run-up to the deadly insurrection at the U.S. Capitol on Jan. 6, 2021.
The special prosecutor motioned Monday to dismiss all charges against Trump—including separate allegations that he mishandled classified documents—now that he’s poised to return to the White House in two months with full immunity from prosecution.
That decision is not a surprise. Smith followed a long-standing Department of Justice policy that bars it from prosecuting a sitting U.S. president, and it had become apparent that Trump’s trial would not wrap before his inauguration on Jan. 20.
Smith cited this policy in his motion while remaining adamant that the government’s case against its former president was rock-solid.
The Department of Justice has a long-standing policy that bars sitting presidents from being prosecuted at the federal level.
Chip Somodevilla/Getty Images
“That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” the filing read. “Based on the Department’s interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment.”
Trump’s legal woes, including his mishandling of classified documents, have subsided at the federal level.
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The 78-year-old Trump isn’t totally out of the woods yet, however. He and others, like Rudy Giuliani, are still facing state charges related to election interference in Georgia. Since those charges aren’t federal, Trump cannot legally pardon himself or his pals from prosecution there.
Trump could also face charges—including the very ones Smith has motioned to have dismissed—after he completes his second White House term.
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