Federal Judge Tanya Chutkan has granted the government's motion to dismiss the case against President-elect Donald Trump regarding his alleged role in the events of January 6, 2021.
Special Counsel Jack Smith filed the motion on Monday, requesting the case be dismissed without prejudice, meaning it could be refiled after Trump leaves office. Judge Chutkan approved the request.
Earlier this year, Trump was indicted on multiple charges related to the incident on January 6, 2021, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights.
The case has taken several significant turns. Initially, the Supreme Court ruled that Trump was entitled to some level of immunity for actions taken as president. In response, Smith filed a new indictment in August, arguing that Trump was acting as a private citizen — not as president — when he allegedly committed the federal crimes. However, Trump’s recent victory in the presidential election presented another legal obstacle. The Department of Justice's policy states that a sitting president cannot be prosecuted in a criminal court.
"After careful consideration, the Department has determined that OLC’s (Office of Legal Counsel) prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated," Smith wrote in his court filing.
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Separately, Smith also filed a motion with the Eleventh Circuit Court of Appeals on Monday to dismiss the classified documents case against Trump. That case had been under appeal after District Judge Aileen Cannon dismissed it, agreeing with Trump’s lawyers that Smith was “unlawfully” appointed as special counsel.
In his latest filing, Smith stated that his office would not pursue prosecution of a sitting president. He also noted that Trump’s legal team had been informed of the motion and did not object to the dismissals.
"Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law," Trump communications director Steven Cheung said in a statement on Monday. "The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”
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