Jack Smith Seeks Dismissal of Two Federal Cases Against Trump - The New York Times
The special counsel effectively brought to a close the Justice Department efforts to hold Donald J. Trump accountable in the election and classified documents cases.
Justice Department policy forbids prosecuting sitting presidents. Mr. Smith wrote to the judge in the election case that the dismissal request was not related to “the strength of the government’s proof or the merits of the prosecution, which the government stands fully behind.” There is a possibility of reviving the prosecutions once Mr. Trump leaves office.
Mr. Smith wrote "neither the Justice Department nor the country had ever “faced the circumstance here, where a federal indictment against a private citizen has been returned by a grand jury and a criminal prosecution is already underway when the defendant is elected president.”
