Jack Smith asks court to dismiss federal lawsuits against President-elect Trump

Special counsel Jack Smith has filed a motion to dismiss the lawsuit filed against President-elect Donald Trump for his alleged role in the events of January 6, 2021. He also filed a motion to dismiss his appeal in the dismissed confidential documents case.

But in both cases, he requested that they be removed from office without prejudice, meaning he could reapply after Trump’s impeachment.

Trump was indicted earlier this year on numerous charges in the January 6 case, including conspiracy to defraud the United States, conspiracy to obstruct an official act, attempt to obstruct and obstruct an official act, and conspiracy against rights.

The case took several turns. First, the Supreme Court ruled that Trump is entitled to a certain level of immunity for his actions as president. This led Smith to file a new indictment in August that he believed was consistent with the Supreme Court’s decision; He claimed that Trump was acting as an ordinary citizen, not as president, when he allegedly committed federal crimes. However, the case was dealt another blow this month when Trump won the presidential election. Justice Department policy states that a sitting president cannot be tried in criminal court.

“After careful consideration, the Department has determined that the OLC’s (Office of Legal Counsel)’s previous views regarding the Constitution’s prohibition on federal indictment and prosecution of a sitting president apply to this situation and, as a result, this prosecution should be dismissed before the defendant is prosecuted. Opening done,” Smith wrote in the court filing.

The classified documents case involving Trump was currently before the Eleventh Circuit Court of Appeals. Jack Smith filed an appeal after District Judge Aileen Cannon dismissed the case after agreeing with Trump’s lawyers, who said Smith was “illegally” appointed.

Smith made an essentially similar statement in a filing to the Court of Appeals, stating that his office would not sue a sitting president. He added that Trump’s legal team was briefed on the motions and did not object to the dismissals.

“Today’s DOJ decision ends unconstitutional federal lawsuits against President Trump and is a major victory for the rule of law,” Trump communications director Steven Cheung said in a statement Monday. he said. “The American People and President Trump demand an immediate end to the political weaponization of our justice system, and we look forward to uniting our country.”

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