A federal court approved Special Counsel Jack Smith’s Monday request to dismiss his federal election interference case against President-elect Donald Trump, due to the Department of Justice’s policy against prosecuting sitting presidents.
Smith’s filing for dismissal “without prejudice” emphasized the temporary nature of the president’s prosecutorial immunity, leaving the door open to post-presidential prosecution – even of the same case.
“Prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation,” wrote Smith in a filing acquired by CNN. “As a result this prosecution must be dismissed before the defendant is inaugurated.”
In August 2023, a grand jury indicted Trump on four felony counts for his alleged efforts to interfere with Congress’s certification of the 2020 presidential election and the lawful transfer of federal power.
Over the summer, the United States Supreme Court ruled presidents are absolutely immune to acts committed as president for core duties, presumptive immunity for official acts within the outer perimeter of official responsibility, and no immunity for unofficial acts.
Smith’s filing said the case against Trump remains strong and could continue after his term, with Trump’s immunity as president not counting against the statute of limitations; were the case to be dismissed “with prejudice,” it would not have been able to be brought back or refiled.
“That prohibition [on prosecuting sitting presidents] 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,” wrote Smith. “Although the Constitution requires dismissal in this context, consistent with the temporary nature of immunity afforded a sitting President, it does not require dismissal with prejudice.”
This story was updated to reflect the dismissal request’s approval by a federal court.
