Subject: Smith files to dismiss selection interference case
https://www.scribd.com/documen...

But since hope always springs eternal:
[T]he Department’s position is that the Constitution requires that this case be dismissed before the defendant is inaugurated. And although the Constitution requires dismissal in this context, consistent with the temporary nature of the immunity afforded a sitting President, it does not require dismissal with prejudice. Cf. id. at 255 (“immunity from prosecution for a sitting President would not preclude such prosecution once the president’s term is over or he is otherwise removed from office by resignation or impeachment”).