DOJ moves to dismiss Trump’s election interference case

The Department of Justice’s special counsel Jack Smith asked a federal judge on Monday to dismiss charges against President-elect Donald Trump for alleged election interference. The motion comes about two weeks after the DOJ filed an unopposed motion to dismiss all remaining court dates in the case. Federal prosecutors filed charges last year accusing Trump of attempting to overturn federal election results on Jan. 6, 2021.

Why would the DOJ move to dismiss the case it brought against Trump? The six-page motion noted the unprecedented circumstance of a private citizen being elected president while facing criminal prosecution by federal authorities. DOJ policy bars a sitting president from being federally indicted or prosecuted, the motion explained. Smith consulted with other DOJ lawyers for opinions on constitutional law and decided the charges against Trump must be dismissed before his inauguration, according to the motion. The president-elect’s inauguration is set for Jan. 20, 2025.

Dig deeper: Read Carolina Lumetta’s report for more about the government's move to vacate trial deadlines earlier this month. Also, read Carolina Lumetta’s report on the federal judge unsealing documents that Trump’s team fought to keep sealed.