Justice Department Special Counsel Moves to Dismiss Jan. 6 Case Against Trump
WASHINGTON – Special counsel Jack Smith of the Justice Department filed a motion Monday to dismiss the criminal case against President-elect Donald Trump, who was accused of attempting to overturn the 2020 election results.
The move was anticipated after Smith requested that U.S. District Judge Tanya Chutkan pause all deadlines related to the case. Justice Department policy prohibits prosecuting sitting presidents, leading to expectations that Smith would close both federal cases against Trump following his victory in the Nov. 5 election.
In a six-page filing, Smith stated that the Constitution bars federal indictment and prosecution of a sitting president. “This prohibition is absolute, regardless of the seriousness of the alleged crimes, the evidence, or the merits of the case,” he wrote.
Trump spokesperson Steven Cheung hailed the decision, calling it a victory for justice and the rule of law. “The DOJ’s decision to end these unconstitutional cases reflects the will of the American people and validates President Trump’s re-election,” Cheung said.
The case had accused Trump of conspiracy by pressuring state lawmakers to replace legitimate electors with Republicans after Joe Biden won the 2020 election. Trump was also charged with obstruction of Congress for urging supporters to protest at the Capitol on Jan. 6, 2021, during the certification of Biden’s Electoral College victory.
Judge Chutkan had been deliberating whether Trump was immune to the charges, following a Supreme Court ruling in July. The decision held that former presidents are generally shielded from prosecution for official acts but remain liable for private actions.
Trump’s legal team argued his actions, including urging then-Vice President Mike Pence to reject Democratic electors and pressuring officials to investigate unfounded election fraud claims, were part of his official duties. Smith countered that these were private actions intended to benefit Trump’s political aspirations.
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