Special counsel Jack Smith moved to dismiss his appeal seeking to revive the classified documents case against Donald Trump, effectively ending the federal prosecutions against the president-elect.
Smith’s filing to the federal appeals court followed his motion earlier on Monday to dismiss the federal election interference case in Washington, D.C., due to Justice Department policy against charging and prosecuting sitting presidents. That same reasoning led Smith to tell the 11th U.S. Circuit Court of Appeals he is moving to dismiss the appeal as to Trump but not as to his two co-defendants in the case.
“The appeal concerning the other two defendants will continue because, unlike defendant Trump, no principle of temporary immunity applies to them,” Smith wrote.
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U.S. District Judge Aileen Cannon previously dismissed the case on the grounds that Smith was unlawfully appointed.
This is a developing story. Check back for updates.
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This article was originally published on MSNBC.com
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