Special counsel Jack Smith asked a federal appeals court to dismiss his appeal in the documents case against President-elect Donald Trump.

Justice Department officials have concluded that an ongoing prosecution against a person elected president cannot continue during the presidential term.

Special counsel Jack Smith on Monday filed a motion to dismiss President-elect Donald Trump’s Jan. 6 criminal indictment for allegedly defrauding the United States, conspiring to obstruct Congress when it met to certify the results of the 2020 election, and otherwise acting to “oppress, threaten and intimidate” voters.