Special counsel John L. “Jack” Smith sought Monday to dismiss the two federal criminal cases against Donald Trump, citing internal Justice Department opinions about prosecutions of a president.
Smith asked judges in Washington and Florida to dismiss the cases, pointing to the Office of Legal Counsel’s new determination that the case had to be dropped in such an “unprecedented” situation of a federal defendant winning the presidency.
“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,” the filing states.
