On Monday, special counsel Jack Smith sought the dismissal of four charges against President-elect Donald Trump related to his alleged efforts to subvert the 2020 election. Citing Trump's victory in the 2024 presidential election and the precedent against indicting a sitting US president, Smith petitioned the court to drop the indictment against the 45th and soon-to-be 47th president.
"It has long been the stance of the Department of Justice that the United States Constitution prohibits the federal indictment and subsequent criminal prosecution of a sitting President," Smith's team stated in a legal filing. Trump had been charged with conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, conspiracy against rights, and conspiracy to defraud the United States.
Smith had reportedly been working to conclude his cases against Trump and planned to step down before the former president's inauguration on January 20, 2025, to avoid potential dismissal by Trump.
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