The special prosecutor who brought two key criminal cases against Donald Trump has asked judges to drop both of them after his triumph in the 2024 presidential election.
Special counsel Jack Smith was in charge of the cases accusing Trump of attempting to overturn the 2020 election results and incorrectly storing classified documents after he left office.
The U.S president-elect had pleaded not guilty in both cases.
In new documents filed on Monday, Mr Smith said the cases should be dropped because of a Justice Department policy that prohibits the prosecution of a sitting president.
Smith had written in a filing in the election case;
“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.”
“This outcome is not based on the merits or strength of the case against the defendant,” Smith added in the six-page filing.
A judge has to sign off on both decisions for them to be officially dismissed. Since Smith requested both cases be dismissed “without prejudice”, there’s the possibility that charges could be refiled after Trump finishes his second term.
In a statement, Trump’s team said the move to dismiss the cases was “a major victory for the rule of law”.
Meanwhile, Trump’s spokesperson, Steven Cheung, had said;
“The American People re-elected President Trump with an overwhelming mandate to Make America Great Again.”
“The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”
Trump had promised to ‘get rid of’ Smith as soon as he took office but Smith has allegedly, announced that he plans to step down next year.
Attorney General Merrick Garland had chosen Smith in 2022 to take over the two federal investigations into Trump’s conduct.
The request to dismiss Trump’s election subversion case signals an end to a lengthy legal saga.
Smith had had to refile charges against the president based on a July Supreme Court ruling that declared Trump immune from prosecution over “official acts” that took place while he was in the White House.
In a revised indictment, Smith had argued that Trump’s efforts to overturn the 2020 election results were commected to his campaign and therefore not official acts.
When Trump beat the current US Vice President, Kamala Harris to win the 2024 election earlier this month, Smith began to take steps to drop both cases, although Smith said in the Monday filing that the documents appeal would continue for two other defendants in the case –Trump employees Walt Nauta and Carlos De Oliveira.
Trump’s return to the White House had also left several state-level criminal cases against him in suspension.
As it stands, his sentencing for his criminal conviction in the state of New York has been indefinitely delayed.
Trump also faces state charges in Georgia for his efforts to overturn election results there, but that case faces delays as well.
An appeals court is now considering whether to repeal a previous ruling allowing Fulton County District Attorney Fani Willis to remain on the case despite a relationship she had with a prosecutor she hired.
