Smith, on Monday, filed a motion to dismiss the election interference case against Trump in the U.S. District Court for the District of Columbia, marking a major victory for the president-elect:
After careful consideration, the Department has determined that OLC’s prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated.
Moreover, Smith then filed a motion in the United States Court of Appeals for the Eleventh Circuit to dismiss an appeal in the documents case, which “will leave in place the district court’s order dismissing the indictment without prejudice as to him.” Smith cites the reasoning laid out in his motion to dismiss the election interference case:
For the reasons set forth in United…
