The special prosecutor’s hand was forced by the president-elect’s imminent return to the White House.
U.S. District Judge Tanya ChutkanSmith’s motion to dismiss the Jan. 6-related indictment. The actions formally end the case that Trump illegally conspired to overturn his 2020 election loss to President Joe Biden in the run-up to the deadly insurrection at the U.S. Capitol on Jan. 6, 2021.
Smith cited this policy in his motion while remaining adamant that the government’s case against its former president was rock solid. “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” the filing read. “Based on the Department’s interpretation of the Constitution, the Government moves for dismissal without prejudice of the superseding indictment.”
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