By — Alanna Durkin Richer, Associated Press Alanna Durkin Richer, Associated Press Leave your feedback Share Copy URL https://www.pbs.org/newshour/politics/read-the-full-motion-to-dismiss-election-interference-case-against-trump Email Facebook Twitter LinkedIn Pinterest Tumblr Share on Facebook Share on Twitter Read the full motion to dismiss election interference case against Trump Politics Nov 25, 2024 2:45 PM EDT WASHINGTON (AP) — Special counsel Jack Smith asked a federal judge on Monday to dismiss the case accusing President-elect Donald Trump of plotting to overturn the 2020 election, citing longstanding Justice Department policy shielding presidents from prosecution while in office. The move announced in court papers marks the end of the Justice Department’s landmark effort to hold Trump accountable for what prosecutors called a criminal conspiracy to cling to power in the run-up to his supporters’ attack on the U.S. Capitol on Jan. 6, 2021. READ MORE: Trump says he would fire special counsel Jack Smith ‘within 2 seconds’ of taking office. He probably could not do it on his own Justice Department prosecutors, citing longstanding department guidance that a sitting president cannot be prosecuted, said the department’s position is that “the Constitution requires that this case be dismissed before the defendant is inaugurated.” “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” the prosecutors wrote in Monday’s court filing. The decision was expected after Smith’s team began assessing how to wind down both the 2020 election interference case and the separate classified documents case in the wake of Trump’s victory over Vice President Kamala Harris. The Justice Department believes Trump can no longer be tried in accordance with longstanding policy that says sitting presidents cannot be prosecuted. Read the full motion to dismiss here: We're not going anywhere. Stand up for truly independent, trusted news that you can count on! Donate now By — Alanna Durkin Richer, Associated Press Alanna Durkin Richer, Associated Press
WASHINGTON (AP) — Special counsel Jack Smith asked a federal judge on Monday to dismiss the case accusing President-elect Donald Trump of plotting to overturn the 2020 election, citing longstanding Justice Department policy shielding presidents from prosecution while in office. The move announced in court papers marks the end of the Justice Department’s landmark effort to hold Trump accountable for what prosecutors called a criminal conspiracy to cling to power in the run-up to his supporters’ attack on the U.S. Capitol on Jan. 6, 2021. READ MORE: Trump says he would fire special counsel Jack Smith ‘within 2 seconds’ of taking office. He probably could not do it on his own Justice Department prosecutors, citing longstanding department guidance that a sitting president cannot be prosecuted, said the department’s position is that “the Constitution requires that this case be dismissed before the defendant is inaugurated.” “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” the prosecutors wrote in Monday’s court filing. The decision was expected after Smith’s team began assessing how to wind down both the 2020 election interference case and the separate classified documents case in the wake of Trump’s victory over Vice President Kamala Harris. The Justice Department believes Trump can no longer be tried in accordance with longstanding policy that says sitting presidents cannot be prosecuted. Read the full motion to dismiss here: We're not going anywhere. Stand up for truly independent, trusted news that you can count on! Donate now