Special prosecutor Jack Smith on Monday asked a federal judge to dismiss the case accusing President-elect Donald Trump of plotting to overturn the results of the 2020 election.
US prosecutors on Monday asked a judge to drop the criminal case accusing President-elect Donald Trump of trying to overturn his 2020 election loss, citing his imminent return to the White House.
Prosecutors working with special counsel Jack Smith cited a long-standing U.S. Justice Department policy that sitting presidents should not face criminal prosecution.
The move represents a notable change from the special counsel who obtained indictments against Trump in two separate cases in which he was accused of crimes that threatened the integrity of the US elections and national security.
The decision shows how Trump's electoral victory over Democratic Vice President Kamala Harris was not only a political triumph, but also a legal one.
Trump pleaded not guilty in August 2023 to four federal charges accusing him of conspiring to obstruct the certification of votes following his 2020 loss to Democrat Joe Biden.
Trump, who as president will again oversee the Justice Department, was expected to order an end to the 2020 federal election case and an attempt by Smith to revive a second case accusing him of illegally withholding classified documents after leaving office. in 2021.
Justice Department policy, dating back to the 1970s, holds that criminal prosecution of a sitting president would violate the U.S. Constitution by undermining the chief executive's ability to function.
Federal Judge Tanya Chutkan will still have to approve prosecutors' request.
Trump's lawyers had previously said they would try to dismiss the charges based on a July US Supreme Court ruling that former presidents have broad immunity from prosecution over official actions taken while in the White House.
Smith attempted to salvage the case after the Supreme Court ruling, dropping some charges but arguing that the rest were not covered by presidential immunity and could move forward with the trial.
Chutkan had to decide whether the immunity decision required dismissal of other parts of the case. No trial date has been set.
The case was brought about by an investigation led by Smith into Trump's attempts to cling to power following his 2020 election loss, which culminated in the January 6, 2021, attack on the Capitol by a mob of his supporters after a fiery speech by the Republican near the White House.