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BREAKING: Special Counsel Jack Smith asked a federal judge to dismiss the charges brought against Donald Trump in the DC election subversion case. Smith asks for the case to be dismissed without prejudice and leave open the possibility for charges to be filed again in the future.

Why? What is the reason for this request? (sorry if it is in the article attached).

He cited DOJ rule that you can't prosecute a sitting president. He asked to dismiss without prejudice so they can refile later.

They won’t.

A Nixon era memo from Office of Legal Counsel says it's unconstitutional to prosecute a sitting president. Supreme Court says prez can't be prosecuted for official acts. Time is out to proceed now. Special Counsel asks to dismiss charges without prejudice, meaning they can be refiled after his term.

don’t kid yourself. His “term” will end only when he dies. “He’s (Xi) now president for life. President for life. And he’s great. I think it’s great. Maybe we’ll give that a shot someday.” - trump, 3/4/18

As the motion reads, "It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President." Thus, they're asking for the charges to be dismissed before Trump's inauguration.