Special counsel Jack Smith moved to dismiss federal cases against United States President-elect Donald Trump, including one for election subversion, on Monday 25 November (Tuesday 26 November AEDT).
Trump was accused of conspiring to overturn the results of the 2020 election he lost against Joe Biden and mishandling classified documents after leaving the White House.
Due to a longstanding Department of Justice policy to not prosecute sitting presidents and Trump’s successful 2024 re-election campaign, prosecutors cited that Trump will be returning to the White House next year.
Prosecutors said the department has reasoned that Trump’s “prosecution must be dismissed” before his inauguration on 20 January next year.
“It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President,” the filing reads.
“That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” it continues.
Smith asked U.S. District Judge Tanya Chutkan to dismiss the case “without prejudice” and leave room for the case to be revisited in four years once Trump leaves office.
The special council paused the election interference case this month after Trump defeated Kamala Harris in this year’s presidential election on 5 November.
While these federal cases have been dropped, Trump still faces state cases in New York and Georgia.
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