Special prosecutor Jack Smith filed a request on Monday with a federal judge in Washington to dismiss the charges against elected President Donald Trump for conspiring to overturn the 2020 elections.
This request is based on a policy from the Department of Justice that deems it unconstitutional to prosecute a sitting president, as reported by The New York Times.
Smith also filed a similar lawsuit in a federal appeals court in Atlanta, aiming to archive another federal case against Trump related to the handling of classified documents.
In this case, the former president is accused of unlawfully retaining confidential materials after leaving office. Nevertheless, prosecutors indicated that they will continue the legal proceedings against Trump’s co-defendants in this matter.
Smith emphasized that the Department of Justice's policy is categorical and does not depend on the severity of the charges or the strength of the evidence.
Although he requested that both cases be dismissed "without prejudice"—which allows for the charges to be reactivated once Trump leaves office for a second time—this decision acknowledges the legal limitations in holding a sitting president accountable, even in cases of alleged electoral interference and improper handling of classified documents.
The request, outlined in a document of just six pages, effectively concludes years of efforts by the Department of Justice to prosecute Trump for his role in attempts to overturn the results of the 2020 presidential election, The New York Times reported.
According to the AP agency, Trump celebrated the decision on his platform Truth Social, calling the cases against him "empty and illegal" and proclaiming: "I persevered against all odds and I WON."
The prosecutors emphasized in their presentation that this decision does not affect the merits of the cases, but it does acknowledge the legal restrictions that protect a sitting president.
Additionally, AP highlighted that the case regarding the classified documents, while legally sound, has been delayed by legal maneuvers and favorable decisions for Trump, such as the indefinite cancellation of the trial by Judge Aileen Cannon.
Ultimately, Smith withdrew the appeal against the dismissal of the case, bringing this chapter to a close.
It is also mentioned that Trump is facing other state legal proceedings, such as a conviction in New York for falsifying business records, the sentencing of which is on hold while his legal team attempts to overturn the verdict.
In Georgia, he is accused along with 18 other co-defendants of attempting to illegally overturn the results of the 2020 elections, although any trial in that case is unlikely while Trump remains in office.
This situation highlights the complexity of holding a sitting president or former president criminally accountable, particularly in a polarized political environment and with unique legal protections for sitting leaders.
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