Special counsel moves to dismiss election interference case against President-elect Donald Trump

Justice Department drops case against Trump, citing policy against prosecuting sitting Presidents, ending landmark effort to hold him accountable.

Special counsel Jack Smith asked a Federal Judge on Monday (November 25, 2024) 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 Mr. 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 January 6, 2021.

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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.

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The decision was expected after Mr. 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.