The Department of Justice (DOJ) has filed a motion to dismiss the federal criminal case against President-elect Donald J. Trump.
The DOJ’s decision hinges on longstanding interpretations of the Constitution that bar the indictment and prosecution of a sitting presiden Trump, who defeated Vice President Kamala Harris in the November 5 election,is slated to be inaugurated as the 47th President of the United States on January 20, 2025.
Special Counsel Jack Smith submitted the motion to dismiss the case on Monday, stating that while the prosecution remains sound, the Constitution mandates temporary immunity for a sitting president. “The Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” the filing reads. The motion seeks dismissal without prejudice, allowing for potential prosecution after Trump’s term ends.
Trump’s victory in the 2024 election created an unprecedented conflict between the rule of law and constitutional protections for the presidency. Smith’s motion acknowledges this tension, writing, “This sets at odds two fundamental and compelling national interests: on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities… and on the other hand, the Nation’s commitment to the rule of law.”