WASHINGTON—Today, special counsel Jack Smith moved to dismiss charges against President-elect Trump for alleged election interference. Heritage Foundation senior legal fellows and former federal prosecutors Zack Smith and Charles Stimson made the following statement: 

“Special Counsel Jack Smith filed a motion to dismiss the Washington, D.C.-based charges against President Donald Trump. While this case should never have been brought in the first place, it’s even clearer now that the Biden-Harris Justice Department has been weaponized against Donald Trump and the administration’s other political opponents in unprecedented ways.

“While this dismissal is a victory, Smith moved only to dismiss the charges ‘without prejudice.’ This means that Justice Department officials could, theoretically, try to once again bring the charges after Trump has left office again.  If they try to do so, they will confront many practical issues—such as statute of limitations issues—that would need to be resolved.  And Trump could avoid this entire specter by simply pardoning himself. 

“Fortunately, a new day at the Justice Department is coming under the leadership of Attorney General-nominee Pam Bondi.”