U.S. prosecutors moved on Monday to drop the two federal criminal cases against Donald Trump involving his efforts to overturn his 2020 election defeat and his handling of classified documents, citing Justice Department policy against prosecuting a sitting president.
The steps by prosecutors working with Special Counsel Jack Smith in the two cases represent a big legal victory for the Republican president-elect, who won the Nov. 5 U.S. election and is set to return to office on Jan. 20.
The Justice Department policy that the prosecutors cited dates back to the 1970s. It holds that a criminal prosecution of a sitting president would violate the U.S. Constitution by undermining the ability of the country’s chief executive to function. Courts will still have to approve both requests from prosecutors.
The prosecutors in a filing in the election subversion case said the department’s policy requires the case to be dismissed before Trump returns to the White House.
“This outcome is not based on the merits or strength of the case against the defendant,” prosecutors wrote in the filing.
Smith’s office similarly moved to end its attempt to revive the case accusing Trump of illegally retaining classified documents when he left office in 2021 after his first term as president. But the prosecutors signaled they will still ask a federal appeals court to bring back the case against two Trump associates who had been accused of obstructing that investigation.
Trump spokesman Steven Cheung hailed what he called “a major victory for the rule of law.”
Trump had faced criminal charges in four cases — the two brought by Smith and two in state courts in New York and Georgia. He was convicted in the New York case while the Georgia case is in limbo.
In a post on social media, Trump railed on Monday against the legal cases as a “low point in the History of our Country.”
The moves by Smith, who was appointed in 2022 by U.S. Attorney General Merrick Garland, represents a remarkable shift from the special prosecutor who obtained indictments against Trump in two separate cases accusing him of crimes that threatened U.S. election integrity and national security. Prosecutors acknowledged that the election of a president who faced ongoing criminal cases created an unprecedented predicament for the Justice Department.
It shows how Trump’s election victory over Democratic Vice President Kamala Harris was not just a political triumph, but also a legal one.
Trump pleaded not guilty in August 2023 to four federal charges accusing him of conspiring to obstruct the collection and certification of votes following his 2020 loss to Democrat Joe Biden.
Trump, who as president will again oversee the Justice Department, was expected to order an end to the federal 2020 election case and to Smith’s appeal in the documents case.
Florida-based Judge Aileen Cannon, who Trump appointed to the federal bench, had dismissed the classified documents case in July, ruling that Smith was improperly appointed to his role as special counsel.
Smith’s office had been appealing that ruling and indicated on Monday that the appeal would continue as it relates to Trump personal aide Walt Nauta and Carlos De Oliveira, a manager at his Mar-a-Lago resort, who had been previously charged alongside Trump in the case. Both Nauta and De Oliveria have pleaded not guilty, as did Trump.
In the 2020 election case, Trump’s lawyers had previously said they would seek to dismiss the charges based on a U.S. Supreme Court ruling in July that former presidents have broad immunity from prosecution over official actions taken while in the White House.
Smith attempted to salvage the case following that ruling, dropping some allegations but arguing that the rest were not covered by presidential immunity and could proceed to trial.
Judge Tanya Chutkan had been due to decide whether the immunity decision required other portions of the case to be thrown out. A trial date originally set for March 2024 had not been rescheduled.
The case was brought following an investigation led by Smith into Trump’s attempts to retain power following his 2020 election defeat, culminating in the Jan. 6, 2021, attack on the U.S. Capitol by a mob of his supporters following his inflammatory speech near the White House.
Trump denied wrongdoing and argued that the U.S. legal system had been turned against him to damage his presidential campaign. He vowed during the campaign that he would fire Smith if he returned to the presidency.
Trump in May became the first former president to be convicted of a crime when a jury in New York found him guilty of felony charges relating to hush money paid to a porn star before the 2016 election. His sentencing in that case has been indefinitely postponed.
The criminal case against Trump in Georgia state court involving the 2020 election is stalled.
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