Special counsel moves to dismiss subversion case against Trump

WASHINGTON: Special Counsel Jack Smith on Monday moved to dismiss the case against US President-elect Donald Trump for allegedly conspiring to overturn the results of the 2020 election.

Smith, in a filing with the district judge presiding over the case, said it should be dismissed in light of a Justice Department policy not to prosecute a sitting president.

The move represents a remarkable shift from the special prosecutor who obtained indictments against Trump in two separate cases accusing him of crimes that threatened US election integrity and national security.

It shows how Trump's election victory over Democratic Vice President Kamala Harris was not just a political triumph, but also a legal one.

Trump pleaded not guilty in August 2023 to four federal charges accusing the Republican of conspiring to obstruct the collection and certification of votes following his 2020 defeat to Democrat Joe Biden.

Trump, who as president will again oversee the Justice Department, was expected to order an end to the federal 2020 election case and an attempt by Smith to revive a second case accusing Trump of illegally retaining classified documents after leaving office in 2021.

The Justice Department policy, dating back to the 1970s, holds that a criminal prosecution of a sitting president would violate the US Constitution by undermining the ability of the country's chief executive to function.

US District Judge Tanya Chutkan will still have to approve the request from prosecutors.

Trump's lawyers had previously said they would seek to dismiss the charges based on a US Supreme Court ruling in July that former presidents have broad immunity from prosecution over official actions taken while in the White House.

Smith attempted to salvage the case following the high court ruling, dropping some allegations but arguing the rest were not covered by presidential immunity and could proceed to trial.

Chutkan had been due to decide whether the immunity decision required other portions of the case to be thrown out. A trial date had not been set.

The case was brought following a probe led by Smith into Trump's attempts to hold on to power following his 2020 election defeat, culminating in the January 6, 2021, attack on the US Capitol by a mob of his supporters following a fiery speech by Trump near the White House.

Trump denied wrongdoing and argued that the US legal system had been turned against him to damage his presidential campaign.

He vowed during the campaign that he would fire Smith if he returned to the presidency.