Special prosecutor Jack Smith requested this Monday dismiss the case against the next president of the United StatesDonald Trump, for the 2021 assault on the Capitol before he assumes power, on January 20, 2025.
In a court brief, Smith highlighted that Trump won the November 5 election and that the internal policy of the Department of Justice prohibits him from proceeding with criminal accusations against a sitting president.
After consulting with the Office of Legal Counsel, Smith concluded that “the indictment must be dismissed before the defendant takes possession.”
The judge handling the case, Tanya Chutkan, of the federal court of the District of Columbia, granted a pause to the case on November 8 after the prosecutor requested it to have time to analyze the consequences of the electoral result of last November 5. November.
Trump, who was already president between 2017 and 2021, is indicted in the District of Columbia for his attempts to overturn the results of the election he lost in 2020 against the current president, Joe Biden, and for allegedly instigating the assault on the Capitol on January 6, 2021.
The Republican said during the campaign that on his first day as president would fire Smith and order the Justice Department to close the cases against him which, he maintains, were motivated by political persecution.
The electoral victory of Trump, who was charged with four criminal cases, is allowing him to clear his judicial horizon.
In May, the Republican became the only former president of the United States found guilty in a criminal case, for falsifying documents to make irregular payments to Stormy Daniels and thus cover up his affair with that porn actress, but the judge postponed his sentence last week without a date.
