On November 25, 2024, United States special counsel Jack Smith filed a motion to dismiss a federal case against President-elect Donald Trump, who is accused of attempting to overturn the 2020 election results. The motion cites Trump's impending return to the White House in January and references a longstanding Justice Department policy that prohibits the prosecution of sitting presidents.
The court filing emphasizes that the Department of Justice has historically maintained that the Constitution forbids federal indictment and criminal prosecution of a sitting president. It argues that Trump's prosecution should be dismissed prior to his inauguration on January 20, 2025.
This development marks a significant change in the approach of the special prosecutor, who previously secured indictments against Trump in two separate cases related to election integrity and national security issues.