The Department of Justice (DOJ) has filed a motion to dismiss the federal criminal case against President-elect Trump, citing constitutional protections that shield sitting presidents from indictment and prosecution. The motion, filed by Special Counsel Jack Smith, aims to halt the case without prejudice, preserving the option to revisit charges once Trump leaves office.
Trump, who defeated Kamala Harris in the November 2024 election, is set to be inaugurated as the 47th President of the United States on January 20, 2025. The case, United States v. Donald J. Trump, originates from allegations of interference in the certification of the 2020 presidential election results. The initial indictment, returned in August 2023, included charges of obstruction of an official proceeding and conspiracy to defraud the United States.
Smith’s motion acknowledged the legal challenges presented by Trump’s election victory. “The Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” the filing states. The motion stresses that the prosecution is not being dismissed on its merits but due to constitutional constraints, as reaffirmed by the DOJ’s Office of Legal Counsel (OLC).
The OLC’s longstanding opinion, first issued in 1973 and reaffirmed in 2000, asserts that prosecuting a sitting president would violate the constitutional separation of powers. It argues that such proceedings would interfere with the president’s ability to perform their duties effectively. The DOJ cited these opinions in its motion, emphasizing that dismissal is necessary to uphold constitutional obligations.
Smith wrote that the dismissal balances two competing national interests: “the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities” and the nation’s commitment to the rule of law. The motion leaves room for future prosecution by seeking dismissal without prejudice, allowing the case to be revived after Trump’s presidency.
The Supreme Court’s earlier ruling in *Trump v. United States* significantly influenced the DOJ’s decision. The Court had granted Trump immunity for specific actions taken during his presidency, leading to a narrower indictment focused on his post-presidency conduct. However, Trump’s election created an unprecedented legal quandary.
The motion underscores that the strength of the evidence against Trump remains intact but that constitutional obligations require temporary immunity. Dismissing the case without prejudice ensures the possibility of holding Trump accountable once he leaves office, with mechanisms like equitable tolling potentially addressing statute of limitations concerns.
If the motion is granted, legal proceedings against Trump will pause for the duration of his presidency, setting the stage for future battles in both the courtroom and the political arena.