Read All: How Judge Chutkan Dismissed Donald Trump Case

Judge Tanya Chutkan He denied all charges against him Donald Trump in the election fraud case.

attorney general on Monday jack smith He filed a motion to dismiss four felony charges against Trump for his alleged attempt to overturn the 2020 presidential election and his alleged role in the attack on the U.S. Capitol on January 6, 2021.

Chutkan, a federal judge in Washington, D.C., granted Smith’s request to dismiss the case hours after he filed it.

“The government has moved to dismiss the superseding indictment without prejudice. Defendant does not oppose the motion, and the court will grant it,” he wrote.

In his written request, Smith stated that it was Justice Department policy not to prosecute sitting presidents; This is a fact that Chutkan also noted in his decision.

“The government announces that it wants to be dismissed Ministry of Justice policy and precedent. Therefore, the court will allow the Government to dismiss this case,” he wrote.

He dismissed the lawsuit “without prejudice,” meaning Smith could file a new lawsuit against Trump when he leaves office.

“Dismissal without prejudice is appropriate here. When a prosecutor moves to dismiss an indictment without prejudice, there is a ‘strong presumption’ to that effect,” Chutkan wrote, citing the 2011 case. United States / Florian.

He wrote that a court could override the presumption only if dismissal without prejudice would result in harassment of the defendant or would be contrary to the public interest.

“As previously noted, there is no indication of prosecutorial harassment or other impropriety underlying the Motion, and thus there is no basis to override the presumption – and Defendant does not request the court to do so,” he wrote.

Judge Chutkan’s Reasons for Dismissing the Case

He also stated that prosecutors could file a new case if Trump leaves office.

“Dismissal without prejudice is also consistent with the Government’s understanding that the immunity granted to the sitting President is temporary, ending when he leaves office,” Chutkan said. Chutkan wrote, noting that a Ministry of Justice statement dated 2000 prohibited filing a lawsuit against the incumbent president.

In his impeachment petition, Smith wrote that the U.S. Constitution requires criminal cases to be dismissed before a president is sworn into office.

“The Constitution requires that this case be dismissed before the defendant takes office,” he wrote. “And although the Constitution requires removal from office in accordance with the temporary nature of the immunity granted to a sitting President in this context, it does not require removal with prejudice.”

news week He requested comment via email from Trump’s transition team and Smith’s office on Tuesday.

Smith also withdrew an appeal to the Judge on Monday Aileen BallDismissal of president-elect’s classified documents lawsuit.

Smith left intact his appeal of the charges against co-defendants Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira.

Trump was He faces 40 federal charges on use sensitive materials He was picked up from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. He was accused of obstructing efforts by federal authorities to extradite them. Trump has denied all accusations.

Nauta and De Oliveira is accused boxes for transporting sensitive materials around Trump’s Florida home to prevent federal agents from finding them and conspiring to delete security footage sought as part of the subpoena.

Nauta and De Oliveira have pleaded not guilty to all charges against them, including conspiracy to obstruct justice. news week He contacted Nauta’s attorneys via email Tuesday for comment.

The charges against Nauta and De Oliveira likely won’t be pursued when Trump returns to office because his nominee for U.S. attorney general, former Florida Attorney General Pam Bondi, will control the Justice Department. Smith also is expected to resign He will serve as a special advisor before Trump takes office.

Judge Tanya Chutkan’s Order Dismissing the Case