The judge reviewing Donald Trump's election meddling case dismissed the case on Monday, after special counsel Jack Smith requested that the case be dismissed owing to a long-standing Justice Department policy that prohibits prosecuting a sitting president.
Smith submitted a request to dismiss the case and the appeal of Trump's classified papers case on Monday, before of Trump's inauguration, citing the DOJ's presidential immunity policy rather than the charges' lack of merit.
Smith also requested the judge in Trump's secret materials case to allow his appeal against Trump's co-defendants, Walt Nauta and Carlos De Oliveira, to proceed.
Tanya Chutkan, a United States District Court Judge, dismissed Trump's election meddling allegations without prejudice, leaving the exceedingly unlikely chance of a future prosecution.
In a two-page order, Judge Chutkan ruled that dismissing the lawsuit without prejudice is "appropriate" and would not harm the "public interest," agreeing with Smith's claim that Trump's immunity would not apply once he left office.
Chutkan clarified in her letter that dismissing the case without prejudice aligns with the Government's view that the immunity granted to a sitting President is temporary and ends once they leave office.
However, it is exceedingly doubtful that any prosecutor will attempt to pursue the same charges in the future, in part because the statute of limitations for the alleged offenses will have run out by the time Trump leaves office in four years.
The government's move to dismiss the lawsuit without prejudice was not opposed by Trump's attorneys.
Smith emphasized in his petition to dismiss that the prohibition is absolute, regardless of the severity of the charges, the strength of the Government's evidence, or the validity of the prosecution, which the Government firmly supports.
The motion highlighted an unprecedented situation, stating that the nation has never encountered a case where a federal indictment against a private citizen was issued by a grand jury, and a criminal prosecution was in progress when the defendant was elected President. It further explained that, after thorough review, the Department concluded that the OLC's previous opinions on the constitutional prohibition of indicting and prosecuting a sitting President are applicable here, necessitating the dismissal of the prosecution before the defendant's inauguration
After U.S. District Judge Aileen Cannon dismissed the case in July due to her conclusion that Smith was not properly appointed to his position, Smith moved to dismiss his appeal of the charges against Trump in his case involving classified documents. Trump entered a not guilty plea to 40 criminal counts last year regarding his handling of classified materials after leaving the White House. Smith argued that history and legal precedent support the attorney general's authority to designate special counsels in his appeal of that decision to the 11th Circuit Court of Appeals.
The filing on Monday requests that the court dismiss that appeal, but it also aims to maintain the appeal for two Trump workers, Nauta and De Oliveira, who entered not guilty pleas to obstruction charges.
The documents stated that the appeal regarding the other two defendants will proceed, as, unlike defendant Trump, they are not covered by any principle of temporary immunity.
John Irving, a lawyer for De Oliveira, criticized the Special Counsel's decision to proceed with the case even after dismissing it against President Trump, calling it 'an unsurprising tribute to the poor judgment that led to the indictment against Mr. De Oliveira in the first place.' He added, 'Just because you can doesn't mean you have to. We don’t mind if they prefer a slow acquittal.
Trump campaign spokesperson Steven Cheung described Smith's motions to dismiss as a 'major victory for the rule of law,' adding that 'the American people and President Trump demand an immediate end to the political weaponization of our justice system, and we look forward to bringing unity to our country.
Last year, Trump entered a not guilty plea to federal charges of committing a "criminal scheme" to sabotage the 2020 election results by recruiting a group of alleged "fake electors," using the Justice Department to prosecute "sham election crime investigations," attempting to enlist the vice president to "alter the election results," and spreading false allegations of a stolen election during the attack on the Capitol on January 6 in an attempt to undermine democracy and hold onto power.
Smith then filed a superseding indictment against Trump, which was modified to uphold the Supreme Court's July decision that Trump is immune from criminal prosecution for official actions committed while in office.
Smith asked for time to "assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy" after Trump's election, and Judge Chutkan suspended the remaining deadlines in the election meddling case earlier this month.
In light of the Supreme Court's decision on immunity, Judge Chutkan had been deciding how the case should proceed.
After Smith's team asked for further time to decide how to handle the extraordinary position of ongoing federal charges against a newly elected president, Smith was confronted with filing deadlines of December 2 for both the election meddling case and the classified documents case.
Given that Monday's filings were submitted a week early, it is now unclear if Smith will have enough time to close his office and deliver his final report to Attorney General Merrick Garland in time for Inauguration Day on January 20th, as required by the DOJ's special counsel regulations.
Before being authorized for any form of public publication, the final report must pass an intelligence community classification review, which can occasionally take weeks.
In public remarks and congressional appearances, Garland has made it clear that he intends to release the final reports of every special counsel he has appointed. To date, this has included reports from special counsel John Durham, who investigated the 2016 Russia investigation, and Robert Hur, who investigated President Joe Biden's handling of classified documents prior to taking office.
The case is scheduled to go to trial in California next week, and special counsel David Weiss is still investigating FBI informant Alexander Smirnov, who entered a not guilty plea on charges of lying about President Biden and his son Hunter Biden. Whether Weiss will formally conclude his investigation and deliver a final report before Trump assumes president is uncertain.
