Judge grants dismissal of election subversion case against Donald Trump

Judge dismisses election subversion case against Trump due to DOJ policy not prosecuting sitting presidents, potentially revivable later.

A judge on Monday granted a request by prosecutors to dismiss the election subversion case against Donald Trump because of a Justice Department policy of not prosecuting a sitting president.

Judge Tanya Chutkan agreed to the request by Special Counsel Jack Smith to dismiss the case against the president-elect "without prejudice," meaning it could potentially be revived after Trump leaves the White House four years from now.

"Dismissal without prejudice is appropriate here," Ms. Chutkan said, adding in the ruling that "the immunity afforded to a sitting President is temporary, expiring when they leave office."

Mr. Trump, 78, was accused of conspiring to overturn the results of the 2020 election he lost to Joe Biden and removing large quantities of top secret documents after leaving the White House, but the cases never came to trial.

Mr. Smith also moved on Monday to drop his appeal of the dismissal of the documents case filed against the former president in Florida. That case was tossed out earlier this year by a Trump-appointed judge on the grounds that Mr. Smith was unlawfully appointed.

The special counsel paused the election interference case and the documents case this month after Mr. Trump defeated Vice President Kamala Harris in the November 5 presidential election.

Mr. Smith cited the long-standing Justice Department policy of not indicting or prosecuting a sitting president in his motions to have the cases dismissed.