Special Counsel Jack Smith on Monday filed motions to dismiss federal prosecutions against President-elect Donald Trump in Washington, D.C., and Florida. The filings cite longstanding Department of Justice (DOJ) policy that prohibits the prosecution of a sitting president, while reaffirming the government’s confidence in the charges.
Legal Rationale for Dismissal
In a six-page memo addressing the D.C. election-interference case, Smith stated that the DOJ’s Office of Legal Counsel (OLC) has extended its interpretation of constitutional immunity to cover a president-elect facing ongoing criminal proceedings.
“The Department and the country have never faced the circumstance here,” Smith wrote. “OLC’s prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation.”
Smith emphasized that the dismissal is mandatory under this interpretation, regardless of the gravity of the alleged crimes or the strength of the evidence.
