Special counsel Jack Smith filed criminal charges against Trump last year over his efforts to overturn his 2020 election loss to Joe Biden.
Trump has pleaded not guilty.
The case has been in legal limbo since the Supreme Court ruled this summer that Trump was partially immune from criminal prosecution over official acts committed while in office.
Smith has since refiled his case, arguing Trump’s attempts to overturn the election were not related to his official duties.
Since Trump has won, his criminal problems from the case now “go away”, according to former federal prosecutor Neama Rahmani.
“It’s well established that a sitting president can’t be prosecuted, so the election fraud case in DC District Court will be dismissed,” he said.
Mr Rahmani said that if Smith refuses to dismiss the case, Trump can simply get rid of him, as he has pledged to do already.
“I would fire him within two seconds,” Trump said during a radio interview in October.
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