Special counsel Jack Smith has asked jurors to dismiss the federal election meddling and classified documents case against Donald Trump as he becomes the next US president.
In new documents filed Monday, Smith told jurors that the charges must be dismissed because of a Justice Department policy barring prosecutions of sitting presidents.
Trump had denied both charges.
One has to do with his efforts to overturn his 2020 election loss to President Joe Biden, and the other has to do with his handling of sensitive files once he’s out of the White House.
“It has long been the position of the Department of Justice that the United States Constitution prohibits federal impeachment and criminal prosecution of a sitting president,” Smith wrote in a filing in the election case.
“This outcome does not depend on the merits and strength of the case against the defendant,” Smith added in the six-page letter.
A judge must sign off on both charges for them to be officially dismissed.
In a statement, Trump’s team said the move to end the lawsuits was a “huge victory for the law”.
“The American people have re-elected President Trump with a mandate to make America Great Again,” said Trump spokesman Steven Cheung. “The American people and President Trump demand an immediate end to the use of political weapons in our justice system and we look forward to uniting our country.”
Attorney General Merrick Garland appointed Smith in 2022 to handle two investigations into Trump’s conduct.
The request to dismiss Trump’s tampering case marks the end of a long legal battle after Smith had to file charges against the president based on a July Supreme Court ruling that Trump was not prosecuted for “lawful acts” that occurred in the interim. the White House.
Smith argued against the revised lawsuit that Trump’s efforts to overturn the results of the 2020 election were related to his campaign and therefore not legitimate actions.
When Trump won the 2024 election this month, Smith began taking steps to end both the election interference and the classified documents case, in which Trump was accused of keeping sensitive files at his Florida resort Mar-a-Lago and interfering with government efforts. to retrieve them.
Trump had committed to removing Smith as soon as he took office. Smith is said to have said he plans to step down next year.
Trump’s return to the White House left behind other criminal charges he was facing.
His felony conviction in New York state has been delayed indefinitely.
Trump is also facing federal charges in Georgia over his efforts to overturn the election results there, but that case is facing delays. An appeals court is considering whether to overturn a previous ruling that allowed Fulton County District Attorney Fani Willis to proceed with the case despite her relationship with the prosecutor she hired.
Since Trump won the 2024 presidency, “his criminal problems are disappearing”, said former federal prosecutor Neama Rahmani.
“It is clear that the sitting president cannot be prosecuted,” he said.
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