US prosecutors seek to dismiss Trump criminal cases
US prosecutors have moved 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 his impending return to the presidency.
The steps on Monday by prosecutors working with Special Counsel Jack Smith in the two cases represent a big legal victory for the Republican president-elect as he prepares to take office on January 20.
Prosecutors working with Special Counsel Jack Smith said a longstanding US Justice Department policy holding that sitting presidents should not face criminal prosecution requires the case involving the 2020 election 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 a court filing in Washington.
Trump spokesman Steven Cheung called the move “a major victory for the rule of law”.
Smith’s office also 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 signalled 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.
The move represents a remarkable shift from the special prosecutor who obtained indictments against Trump in two separate cases accusing him of crimes that threatened US 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.
Stay informed, daily
The Justice Department policy, dating back to the 1970s, holds that a criminal prosecution of a sitting president would violate the US Constitution by undermining the ability of the country’s chief executive to function.
Courts will still have to approve both requests from prosecutors.
Florida-based Judge Aileen Cannon, who Trump appointed to the federal bench, dismissed the classified documents case in July, ruling that Smith was improperly appointed to his role as special counsel.
