Judge dismisses federal cases against Trump citing presidential immunity
A federal judge on Monday dismissed the election interference and classified documents cases against Donald Trump, following a request by prosecutors who cited Justice Department policy barring the indictment of a sitting president.
U.S. District Judge Tanya Chutkan granted Special Counsel Jack Smith’s motion to dismiss the election-related case “without prejudice,” allowing it to be potentially revived after Trump leaves office.
“The immunity afforded to a sitting President is temporary, expiring when they leave office,” Judge Chutkan wrote in her ruling, agreeing with Smith’s argument that pursuing the case against a sitting president was constitutionally prohibited.
Smith also filed a motion to drop his appeal of a separate documents case against Trump in Florida. That case had been dismissed earlier this year by a Trump-appointed judge, who ruled that Smith’s appointment as special counsel was unlawful.
The legal developments come weeks after Trump, 78, defeated Vice President Kamala Harris in the November 5 election, reclaiming the presidency. Smith’s filings emphasized that the Justice Department’s longstanding position on prosecuting sitting presidents necessitated the dismissals.
“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” Smith wrote, adding, “As a result, this prosecution must be dismissed before the defendant is inaugurated.”