Special counsel Jack Smith filed court papers Monday to dismiss the federal indictment that accuses President-elect Donald Trump of seeking to subvert his 2020 election loss to Joe Biden.
Smith also moved to drop his appeal of a judge's decision to throw out the indictment against Trump for allegedly hoarding classified material at his Florida resort.
Smith insisted the decision to drop the four felony counts involving the election and the Jan. 6 attack on the U.S. Capitol had nothing to do with the evidence against Trump, NBC News reported.
Smith's prosecution team wrote that the move was based on a longstanding Justice Department policy against prosecuting sitting presidents
"That prohibition 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 filing said.
Prosecutors also said that "the Constitution requires that this case be dismissed before the defendant is inaugurated," according to the Associated Press.
Trump has repeatedly accused Smith of conducting a "witch hunt" against him and vowed to fire the special counsel immediately after taking office on Jan. 20.
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