The request comes to Judge Tanya Chutkan in a six-page motion. Mr. Smith acknowledges that it “has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President.” Trump takes office January 20.

Special counsel Jack Smith has asked a federal court to dismiss the case against President-elect Donald Trump for his alleged role in the events of January 6, 2021.

Special counsel Jack Smith has moved to dismiss his election interference case against Donald Trump, due to a DOJ policy that bars the prosecution of a sitting president.

Justice Department moves to dismiss 2020 election interference case against Donald Trump after his presidential victory.

Special Counsel Jack Smith requested Monday that all charges against President-elect Trump be dropped in the Washington, D.C., case over his alleged efforts to overturn the 2020 election. Why it matters: Smith has already taken steps to wind down the two federal cases against Trump that he's overseeing after the president-elect became the first convicted felon to win the White House.

The move was widely expected after Trump's election victory, and is in line with longstanding Justice Department policy that says a sitting president cannot be indicted or tried on criminal charges.

Special counsel Jack Smith has moved to dismiss his federal election interference case against President-elect Donald Trump due to a long-standing Justice Department policy that bars the prosecution o