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U.S. District Judge Tanya Chutkan

She dismissed the case "without prejudice," which means that Smith could take a new case against Trump when he leaves office.
Here...you still can cling to this:

She also noted that prosecutors could introduce a new case when Trump leaves office.

"Dismissal without prejudice is also consistent with the Government's understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office," Chutkan wrote, noting a 2000 Justice Department memo had ruled out the prosecution of a sitting president.
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