Yup….and Trump was a sitting president, and Smith charged him anyway with a fake case to hurt his election chances. The case was dismissed because it never should have been brought at all.I don't know where you get this.
The court filing specificfally says that it's it petitioning Judge Chutkan to dismiss the charges "without prejudice" as the dismissal equest is based on DOJ policy pertaing to sitting Presidents and NOT the merits of the cases. (Both DC election interference and Espionage documents case.)
WW
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OTOH, what Smith did was not as president, since he never was president. He is liable for malicious prosecution and election interference.