Special Counsel Jack Smith moved Monday to dismiss the case against President-elect Donald Trump.
Smith writes: filing A previous opinion by the Department of Justice's (DOJ) Office of Legal Counsel (OLC) said it was “applicable to the circumstances” and meant the case must be dismissed before President Trump takes office.
“It is the long-standing position of the Department of Justice that the U.S. Constitution prohibits federal indictment and subsequent criminal prosecution of a sitting president,” Smith wrote. “However, the department and the nation have never faced a situation where a federal indictment against a civilian was returned by a grand jury and criminal prosecution had already begun by the time the defendant was elected president. There wasn't.”
Smith said the president's ban on prosecution “is categorical and does not ignore the seriousness of the crimes charged, the strength of the government's case, or the merits of the prosecution, which the government fully supports.” pointed out.
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