Trump cleared of federal indictment as judge dismisses 2020 election case

Impending President Donald Trump no longer has a federal indictment, as special counsel Jack Smith dropped the 2020 election interference case against him.

Accordingly CBS News, U.S. District Judge Tanya Chutkan dismissed the charges in the election case against the 45th and 47th president of the United States on Monday, Nov. 25, 2024, just hours after the special counsel asked her to dismiss the case, citing Justice Department policy that a sitting president could be in office. A lawsuit cannot be filed.

“After careful consideration, the department determined that (the Office of Legal Counsel’s) prior views regarding the Constitution’s prohibition on federal indictment and prosecution of a sitting president apply to this situation and, as a result, the defendant is reinstated,” Smith wrote in his filing. Prosecution must be dismissed before it begins.”

“This prohibition 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,” he continued.

Smith said this had never happened before in the United States, where a grand jury or prosecution returned a federal indictment against a private citizen, but after consulting with the Justice Department’s Office of Legal Counsel, he learned: “The Constitution says this case was dismissed before the Defendant took office.”

For the uninformed, the special prosecutor accused Trump and his unnamed co-conspirators of secretly working to interfere with the 2020 election results and prevent the Electoral College from certifying the votes.