WASHINGTON—Special counsel Jack Smith’s office said the Department of Justice (DOJ) has a longstanding policy not to prosecute a sitting president, in response to a query about whether it will drop its criminal cases against President-elect Donald Trump, who won the 2024 election.
Peter Carr, a spokesman for the special counsel’s office, declined to comment on whether the office will drop its cases but directed The Epoch Times to a 2000 memo from the DOJ Office of Legal Counsel. It states that “indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
