A motion to dismiss the federal criminal case against President-elect Donald J. Trump has been submitted by the Department of Justice (DOJ).
Trump, who defeated Vice President Kamala Harris in the November 5 election, is scheduled to take office as the 47th President of the United States on January 20, 2025. The DOJ’s decision is based on long-standing interpretations of the Constitution that prohibit the indictment and prosecution of a sitting president.
On Monday, Special Counsel Jack Smith filed the move to dismiss the case, arguing that the Constitution grants a sitting president temporary immunity as long as the prosecution is still viable. “The federal indictment and subsequent criminal prosecution of a sitting President is prohibited by the Constitution,” the document states. The move asks for dismissal without prejudice so that any charges might be brought following An unprecedented clash between constitutional safeguards for the presidency and the rule of law resulted from Trump’s triumph in the 2024 election. This conflict is recognized in Smith’s motion, which states, “This sets at odds two fundamental and compelling national interests: on the one hand, the Nation’s commitment to the rule of law, and on the other hand, the Constitution’s requirement that the President not be unduly burdened in fulfilling his weighty responsibilities.”