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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.

“The 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,” he added.

The move also includes a request to withdraw an Eleventh Circuit appeal concerning the classified documents case in Florida. This case alleged that Trump illegally retained sensitive government materials at his Mar-a-Lago residence.

jack Smith Asks To Dismiss Trump Cases : Trump’s Reaction

Trump spokesperson Steven Cheung welcomed the decision, framing it as a vindication of Trump’s claims of political persecution.

"The American People re-elected President Trump with an overwhelming mandate to Make America Great Again,” Cheung said. “Today's decision by the DOJ ends the unconstitutional federal cases against President Trump and is a major victory for the rule of law."

Cheung further called for an end to what he described as the political weaponization of the justice system.

Background of the Cases

The D.C. case involves allegations that Trump attempted to interfere with the 2020 presidential election results. The Florida case accused him of unlawfully retaining classified documents post-presidency. Both cases have drawn intense political and public scrutiny, with Trump consistently denying wrongdoing and characterizing the charges as part of a political vendetta.