Jack Smith, the unconstitutionally appointed special council tasked with prosecuting Donald Trump on a variety of charges has just filed a motion to dismiss the charges in the DC circuit court. Those charges are related to January 6 and an alleged conspiracy to overturn the results of the 2020 election. You can read the entire motion below.
In the filing, Smith relies on the OLC finding that a sitting president cannot be indicated or tried for criminal charges. Smith noted the prohibition on prosecuting presidents 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 document charges in Florida are also being dismissed at least for Trump. The charges are still pending for Walt Nauta and Carlos De Oliveira, Trump’s co-defendants in that case.
I should note that the motion does not ask for the charges to be dismissed with prejudice, meaning the charges could be refiled once Trump leaves office in 4 years.
This is a breaking story and will be updated if and when necessary.