Smith moves to drop Trump Jan. 6 case

Special counsel Jack Smith has moved to dismiss his election interference case against President-elect Trump, citing Justice Department policy against prosecuting a sitting president. 

“After careful consideration, the Department has determined that OLC’s [the Office of Legal Counsel] 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,” Smith’s team wrote. 

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