Judge dismisses federal election interference lawsuit against President-elect Donald Trump after motion by Special Counsel Jack Smith

A U.S. District Court judge on Monday dismissed a lawsuit against President-elect Donald Trump to overturn the federal election after Special Counsel Jack Smith moved to dismiss the case earlier in the day.

Judge Tanya wrote, “For the reasons set forth in the attached ECF No. 282 Opinion, the Government’s Motion to Dismiss ECF No. 281 is GRANTED and the superseding ECF No. 226 Indictment is DISMISSED without prejudice.” Chutkan wrote in a single-page order.

Smith moved to dismiss the federal election interference case against Trump because of the Justice Department’s longstanding policy prohibiting prosecution of a sitting president earlier in the day.

Nearly 16 months after a grand jury first indicted Trump for his allegations of illegally overturning the 2020 election results, Smith asked Chutkan to drop the case before Trump’s upcoming inauguration, according to a motion filed Monday.

Smith’s motion states, “As a result of the election held on November 5, 2024, the defendant Donald J. Trump will take office as President on January 20, 2025.” It was said. “It has long been the Department of Justice’s position that the Constitution of the United States prohibits the filing of a federal indictment and subsequent criminal prosecution of a sitting President. But the Department and the country have never encountered a situation involving a federal indictment of a special president here.” The citizen was extradited by the grand jury and the criminal investigation was already ongoing when the defendant was elected President.”

“Faced with this unprecedented situation, the Office of Special Counsel consulted with the Department’s Office of Legal Counsel (OLC), whose interpretation of constitutional questions such as those raised herein is binding on Department prosecutors. After careful consideration, the Department determined that the OLC’s prior decision was as follows: It was stated that the Constitution’s prohibition on federal indictment and prosecution of a sitting president applies to this situation and, as a result, this prosecution should be dismissed before the defendant takes office.

“This ban is categorical and does not affect the gravity of the crimes charged, the strength of the Government’s evidence or the merits of the investigation, which the Government fully supports,” the motion said.

Earlier this month, Chutkan canceled remaining deadlines in the case after Smith asked for time to “assess this unprecedented situation and determine the appropriate course forward consistent with Department of Justice policy” following Trump’s election.

Trump pleaded not guilty last year to federal charges that he undertook a “criminal scheme” to overturn the 2020 election results by recruiting a list of so-called “fake voters” by using the Justice Department to conduct “sham election crime investigations.” trying to appoint the vice president to “change the election results” and promoting false claims that the election was stolen during the attack on the Capitol on January 6, all with the goal of subverting democracy and staying in power.

Smith then charged Trump with a superseding indictment that was adjusted to respect the Supreme Court’s July ruling that Trump was entitled to immunity from criminal prosecution for official actions he took as president.

Judge Chutkan was in the process of considering how the case should proceed in light of the Supreme Court’s immunity decision.

After Smith’s team requested more time to determine how to confront such an unprecedented situation as ongoing federal lawsuits against a former elected official, Smith filed for both the election interference case and the classified documents case against Trump on December 2. He was faced with a deadline to apply. presidential.

That filing was filed a week ahead of schedule, raising the question of whether Smith could run out of time to officially close his office and submit his final report to Attorney General Merrick Garland, as he was required to do according to the Justice Department’s special report. Consultation arrangements – prior to Opening Day.

The final report will need to undergo a classification review by the intelligence community; This is a process that can sometimes take weeks to be approved for any public release.

This is an evolving story. Please check back for updates.