US prosecutors on Monday requested a US judge to dismiss the criminal case against President-elect Donald Trump, who is accused of attempting to overturn his 2020 election loss. This request comes after Trump's successful 2024 campaign, which saw him return to the presidency. Prosecutors, working under Special Counsel Jack Smith, cited a longstanding US Justice Department policy that prohibits the criminal prosecution of sitting presidents.
This decision marks a significant shift from the actions of the special prosecutor, who previously indicted Trump in two separate cases involving threats to US election integrity and national security. Trump's victory over Democratic Vice-President Kamala Harris was not only a political win but also a legal one.
In August 2023, Trump pleaded not guilty to four federal charges related to conspiring to obstruct the collection and certification of votes following his 2020 defeat to Democrat Joe Biden. As president, Trump is expected to halt the federal case regarding the 2020 election and attempt to end a second case accusing him of illegally retaining classified documents after leaving office in 2021.
The Justice Department's policy, which dates back to the 1970s, asserts that prosecuting a sitting president would undermine the chief executive's ability to function and thus violates the US Constitution. US District Judge Tanya Chutkan will need to approve the prosecutors' request.
Trump's lawyers previously indicated they would seek to dismiss the charges based on a US Supreme Court ruling in July 2023, which granted former presidents broad immunity from prosecution for official actions taken while in office. Smith attempted to salvage the case after the high court's ruling, dropping some allegations but arguing that the remaining charges were not covered by presidential immunity and could proceed to trial.
Chutkan was set to decide whether the immunity decision necessitated the dismissal of other parts of the case. No trial date had been set. The case stems from an investigation led by Smith into Trump's efforts to retain power after his 2020 election loss, culminating in the January 6, 2021, attack on the U.S. Capitol by Trump supporters.
Trump has denied any wrongdoing and argued that the US legal system was biased against him to harm his presidential campaign. During his campaign, he vowed to fire Smith if he were to return to the presidency.
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