Special counsel Jack Smith filed a motion Monday in a Washington, D.C., federal court to dismiss all four felony charges against President-elect Donald Trump related to alleged interference in the 2020 election.
“The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have as a result of the election held on November 5, 2024, the defendant will be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” the motion reads.
“This sets at odds two fundamental and compelling national interests: on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities…and on the other hand, the Nation’s commitment to the rule of law and the longstanding principle that ‘[n]o man in this country is so high that he is above the law,’” the document continues.
BREAKING: Jack Smith moves to dismiss the case against Trump in Washington. https://t.co/eYG5XB5EF5 pic.twitter.com/vjhui5KDcz
— Kyle Cheney (@kyledcheney) November 25, 2024
Smith’s office explained that in light of the long-held position of the Justice Department that a sitting president cannot be prosecuted, the charges must be dropped.
Trump spokesman Steven Cheung responded in