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 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, referencing the Justice Department’s Office of Legal Counsel. “That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of th
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