Special Counsel Jack Smith has filed motions to drop the federal election interference case and the appeal of the classified documents case against President-elect Donald Trump, citing a Justice Department policy that prohibits the prosecution of a sitting president. This decision, Smith emphasized, is based on constitutional limits rather than the strength of the charges or the evidence.

Smith’s motion, submitted to U.S. District Judge Tanya Chutkan, comes nearly 16 months after a grand jury indicted Trump for alleged efforts to overturn the 2020 election results. With Trump’s inauguration approaching, Smith acknowledged that the Justice Department’s longstanding position on presidential immunity requires the dismissal of these cases.

“The prohibition is absolute and unaffected by the seriousness of the alleged crimes, the evidence presented, or the validity of the prosecution,” Smith wrote. “This situation is unprecedented—no previous case has involved a federal indictment of a private citizen who subsequently became president while criminal proceedings were still active.”

Smith also sought to drop the appeal in the classified documents case, in which Trump faced 40 criminal counts related to handling sensitive materials after leaving office. A U.S. District judge dismissed that case in July, ruling that Smith’s appointment as special counsel was improper. While Smith initially appealed the decision, Monday’s filing requests its withdrawal, though it seeks to continue the appeal for Trump’s co-defendants, Walt Nauta and Carlos De Oliveira.

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Nauta and De Oliveira, both Trump employees, have pleaded not guilty to obstruction charges. Smith’s filing clarified that the immunity protections afforded to Trump do not extend to them, allowing their cases to proceed.

John Irving, De Oliveira’s attorney, criticized the decision to pursue the charges against his client, calling it “a reflection of the poor judgment that led to this indictment.” He added, “Just because you can prosecute doesn’t mean you should.”

Trump’s campaign, through spokesperson Steven Cheung, hailed the motions as a “major victory for the rule of law” and criticized what they described as the political misuse of the justice system. Cheung expressed optimism about the country moving forward and called for unity.

Trump has consistently denied the allegations, including those in the election interference case, where he was accused of orchestrating a scheme to challenge the 2020 election outcome. The charges included the use of alternate electors, attempts to involve the Justice Department in baseless investigations, pressuring the vice president to overturn the results, and spreading false claims of election fraud in connection with the January 6 Capitol events. Trump has pleaded not guilty to all charges

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