Jack Smith Has Dropped the Jan. 6 Case Against Trump. He Stands By the Charges.

“The government’s position on the merits of the defendant’s prosecution has not changed,” Smith wrote.

Jack Smith
Smith asked a federal judge to immediately dismiss the pending criminal indictment against Trump. Jacquelyn Martin/AP

Donald Trump will not be prosecuted for interfering in the 2020 election — for now.

Justice Department special counsel Jack Smith asked a federal judge on Monday to immediately dismiss the pending criminal indictment against the next American president before he takes office. But notably, he left the door open to prosecuting Trump after his term is over in 2029.

“Although the Constitution requires dismissal in this context, consistent with the temporary nature of the immunity afforded a sitting President, it does not require dismissal with prejudice,” Smith wrote.