The special counsel Jack Smith filed a motion on Monday to dismiss the ongoing prosecution of President-elect Donald Trump for his role in the Capitol riot of January 6, 2021. The motion states that “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.” After consulting with Justice Department officials, the special counsel concluded that this policy also applies to presidents-elect.

Smith was careful to emphasize that the dismissal was not done on the merits of the case, writing in the filing that the “prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind.”

The motion requests that the judge dismiss the case without prejudice, a situation which could theoretically allow it to be reopened at a later date.