Jack Smith has officially thrown in the towel on prosecuting Donald Trump’s federal election interference case in Washington.
The special prosecutor motioned Monday to dismiss all charges against Trump now that he’s poised to return to the White House in two months.
That decision is not a surprise. There’s been a long-standing Department of Justice policy that bars it from prosecuting a sitting U.S. president, and it’d become apparent that Trump’s trial would not wrap before his inauguration on Jan. 20.
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Smith cited this policy in his motion while remaining adamant that the government’s case against its former president was rock solid.
“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 filing read. “Based on the Department’s interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment.”
Because of the DOJ policy, Judge Tanya Chutkan is expected to make the motion official and, with it, Trump’s legal woes will soon subside at the federal level.
The 78-year-old Trump isn’t totally out of the woods yet, however. He and others, like Rudy Giuliani, are still facing state charges related to election interference in Georgia. Since those charges aren’t federal, Trump cannot legally pardon himself or his pals from prosecution there.
Trump may also face charges—including the very ones Smith has motioned to have dismissed—after he completes his second White House term.
