Tuesday Briefing: Trump’s Criminal Cases Likely to Be Dismissed

Jack Smith, the special counsel, asked a federal judge in Washington and a court in Atlanta yesterday to dismiss two indictments against President-elect Donald Trump: one accusing him of attempting to overturn the 2020 election and one accusing him of illegally holding classified documents.

In his requests, Smith made clear that the moves had nothing to do with the strength of the cases against Trump, but rather the Justice Department’s policy that sitting presidents may not be prosecuted. “Based on the department’s interpretation of the Constitution,” Smith wrote, “the government moves for dismissal without prejudice of the superseding indictment.”

The requests were Smith’s final acknowledgment that after two years of courtroom drama, prosecutors will not be able to hold Trump accountable for trying to undo the 2020 election, or for accusations that he illegally kept scores of classified documents after he left office. But both filings left open the possibility that the charges could be refiled after Trump completes his term.

Israel’s prime minister, Benjamin Netanyahu, was scheduled to meet with his cabinet today to decide on a proposal for a cease-fire with Hezbollah, officials said. U.S. officials have been putting pressure on Israel to finalize a deal before Thursday.