US court dismisses federal criminal charge against Trump on immunity ground

A US district court has dismissed a federal criminal case against President-elect Donald Trump in relation to the January 2021 Capitol riot. The decision came at the request of the country’s lead prosecutor overseeing the case and another criminal case against Trump.

Special Counsel Jack Smith said in a motion on Monday that the request was based on the Justice Department’s policy against prosecuting a sitting president. Trump is scheduled to be inaugurated as president in January.

Also on the same day, Smith asked a court of appeals to dismiss another case accusing Trump of illegally retaining classified documents when he left office in 2021 after completing his first term as president.

In both filings, Smith said the government’s position on the merits of the defendant’s prosecution has not changed.

One of the filings said the fact that the defendant will be inaugurated as president on January 20 “sets at odds two fundamental and compelling national interests: on the one hand, the Constitution’s requirement that the President must not be unduly encumbered in fulfilling his weighty responsibilities” and “on the other hand, the nation’s commitment to the rule of law and the longstanding principle that no man in this country is so high that he is above law.”

The statement also said the prosecution’s understanding is that the immunity afforded to a sitting President is temporary, expiring when they leave office.

Smith is reportedly considering stepping down as special counsel before Trump takes office.

Trump said in a post on social media Truth Social, “These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME.”

He said it was “a political hijacking,” and the worst thing that could have happened in the US history. He added, “and yet, I persevered, against all odds, and WON.”