Trump’s election was a death knell for the two federal criminal cases against him, as Smith asked the court to dismiss the two cases against Trump in light of his pending inauguration, and Trump’s criminal case in Georgia is expected to be postponed until at least 2029 — leaving Trump’s New York conviction as the only charges against him that have been holding up,

Smith cited the Justice Department's "categorical" policy that he said bars the prosecution of a sitting president as the reason for his request to drop both cases against Trump.