Based on the Department’s interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment,’ he wrote.
Special counsel Jack Smith on Nov. 25 dropped the charges in his election interference case against President-elect Donald Trump, while also moving to drop his appeal of a judge’s decision in the president-elect’s classified documents case.
In a six-page court filing in a Washington federal court, Smith’s team wrote that the Department of Justice (DOJ) has long argued “that the Constitution requires that this case be dismissed before the defendant is inaugurated,” referring to Trump’s recent election victory.
U.S. District Judge Tanya Chutkan, hours later, agreed to drop the election case.
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