Smith has asked a federal court in Washington, D.C., to suspend the trial of Trump's case until the end of his presidency.
It also demanded that Trump be excluded from the co-defendant in connection with the leak of confidential documents.
Smith said in a court filing that the Justice Department's position is that the case must be dismissed before the defendant is sworn in under the Constitution.
Trump's side issued a statement saying the Justice Department's decision to end the federal case is a significant victory for the rule of law and wants the political weaponization of the justice system to end immediately.
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