Special counsel moves to dismiss election interference and classified documents cases against Trump
WASHINGTON — Federal prosecutors decided to drop the case on Monday secret documents case against newly elected President Donald Trump in light of the Department of Justice’s long-standing policy that says sitting presidents cannot face criminal charges.
The announcement in a lawsuit at the Florida appeals court came shortly after a similar filing was made by prosecutors in Washington, D.C., asking for the case accusing Trump of making plans to overturn the 2020 election.
The move amounts to a predictable but nevertheless stunning conclusion to a criminal case that just a year ago was seen as the most dangerous legal threat he faced. It reflects the practical consequences of Trump’s victory and sees him come to power without oversight of his collection of top-secret documents and conduct that prosecutors say had compromised national control.
The resignation was announced in recent weeks by the revelation of special prosecutor Jack Smith was evaluating how to relax both that case and a separate ongoing prosecution he brought Accusing Trump of plotting to overthrow the case the outcome of the 2020 election. Department of Justice legal opinions dating back decades say sitting presidents cannot be indicted or prosecuted while in office.
THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.
Special Counsel Jack Smith on Monday asked a federal judge to dismiss the case accusing President-elect Donald Trump making plans to overturn the 2020 electionciting the Justice Department’s longstanding policy of protecting presidents from prosecution while in office.
The move announced in court papers marks the end of the Justice Department’s historic effort to hold Trump accountable for what prosecutors called a criminal conspiracy to stay in power ahead of his supporters’ attack on the US Capitol. January 6, 2021.
Justice Department prosecutors, citing the department’s long-standing guidelines that a sitting president cannot be prosecuted, said the department’s position is that “the Constitution requires that this case be dismissed before the suspect is inaugurated .”
“That prohibition is categorical and does not address the seriousness of the crimes charged, the strength of the government’s evidence, or the merits of the prosecution, which the government fully supports,” prosecutors wrote in the lawsuit. report from Monday.
The decision was expected after Smith’s team began assessing how to wrap up both the 2020 election interference case and the case of separate classified documents in the wake of Trump’s victory over Vice President Kamala Harris. The Justice Department believes Trump can no longer be tried, in line with longstanding policy that says sitting presidents cannot be prosecuted.
Trump has labeled both cases as politically motivated and has promised to fire Smith once he takes office in January.
The 2020 election lawsuit filed last year was once seen as one of the most serious legal threats the Republican faced as he vied to win back the White House. But it quickly came to a standstill amid legal battles over Trump’s sweeping claims of immunity from prosecution for actions he committed in the White House.
The U.S. Supreme Court ruled in July for the first time that former presidents enjoy broad immunity from prosecution, sending the case back to U.S. District Judge Tanya Chutkan to determine what, if any, charges in the indictment could go to trial.
The case was just starting to pick up steam again in court in the weeks leading up to this year’s election. Smith’s team filed a lengthy letter in October outlining new evidence they planned to use against him at trial, accusing him of “resorting to crimes” in an increasingly desperate attempt to subdue the will of overturning voters after he lost to President Joe Biden.