Special counsel Jack Smith said the move was being made under the US justice department's long-standing policy of not prosecuting a sitting president.
United States prosecutors on Tuesday asked a US judge to drop the criminal case accusing president-elect Donald Trump of seeking to overturn his 2020 election defeat, citing his impending return to the presidency following his successful 2024 campaign. Prosecutors working with special counsel Jack Smith cited a longstanding US justice department policy that sitting presidents should not face criminal prosecution.
The justice department policy, dating back to the 1970s, holds that a criminal prosecution of a sitting president would violate the US constitution by undermining the ability of the country's chief executive to function. US district judge Tanya Chutkan will still have to approve the request from prosecutors.
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