The federal election case of US President Donald Trump in 2020 no longer exists and will not exist in the future. The special prosecutor handling the case requested conditional dismissal on Monday, November 25, and the presiding judge quickly approved the motion, dismissing the federal lawsuit.
Federal District Court Judge Tanya Chutkan of the District of Columbia wrote in a two-page opinion that the dismissal without prejudice, which does not affect substantive rights, was “appropriate” and would not harm the “public interest.” She also agreed with Smith’s view that Trump will no longer enjoy presidential immunity after leaving office.
Chutkan wrote, “The dismissal without prejudice, which does not affect substantive rights, is consistent with the government’s understanding that immunity for a sitting president is temporary and expires upon leaving office.”
The dismissal without prejudice is a temporary dismissal that is part of procedural decision-making. Such a dismissal does not prevent the plaintiff from bringing the same cause of action in the future.
However, it is unlikely that any prosecutor will attempt to bring the same charges in the future, in part because the statute of limitations for the charges against Trump will have expired by the time he leaves office after his four-year term as president. Therefore, Chutkan’s ruling only leaves a theoretical possibility that the next administration could bring charges against Trump after he leaves office.
Trump’s lawyers did not oppose the motion to dismiss that does not affect substantive rights filed by Smith.
Smith stated in documents submitted to the court earlier on Monday that the dismissal was based on a longstanding policy of the US Department of Justice, which prohibits the prosecution of a sitting president.