DONALD Trump’s January 6 criminal charges are set to be dropped after the Department of Justice filed a motion to dismiss the case.
Trump was first indicted on four felony counts in 2023 and was accused of orchestrating a “criminal scheme” in an attempt to overturn the results of the 2020 presidential election.
But special counsel Jack Smith asked a federal judge to dump the case today, citing a longstanding Justice Department policy that shields presidents from prosecution while in office.
Smith’s team wrote in the legal filing: “After careful consideration, the Department has determined that OLC’s prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated.
“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.”
This marks the end of the Justice Department’s landmark effort to hold Trump accountable for what prosecutors called a criminal conspiracy to cling to power in the run-up to his supporters’ attack on the U.S. Capitol on Jan. 6, 2021.
The decision was expected after Smith’s team began assessing how to wind down both the 2020 election interference case and the separate classified documents case in the wake of Trump’s victory over Vice President Kamala Harris.
Trump has cast both cases as politically motivated and had pleaded not guilty to all four counts.
He had also vowed to fire Smith as soon as he took office in January.
Soon after the announcement, the Trump campaign wrote in a statement: “Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law.”
The US Supreme Court in July ruled for the first time that former presidents have broad immunity from prosecution, and sent the case back to US District Judge Tanya Chutkan.
The case was just beginning to pick up steam again in the trial court in the weeks leading up to this year’s election. S
Smith’s team in October filed a lengthy brief laying out new evidence they planned to use against him at trial, accusing him of resorting to crimes in an increasingly desperate effort to overturn the will of voters after he lost to President Joe Biden.
The special counsel also asked a judge to dismiss the classified documents case against Trump in Florida shortly after the first DOJ announcement was made in Washington, DC.
In June 2023, a federal grand jury in Miami indicted Trump for taking classified defence documents from the White House after leaving office in January 2021.
Prosecutors accused Trump of resisting the government’s efforts to try to recover the documents.
However, a US district judge dismissed the case on July 15, ruling that the appointment of Special Council Jack Smith violated the Constitution.
It comes just days after Trump’s sentencing in his hush-money case was cancelled indefinitely, removing another major legal hurdle for the president-elect.
Sentencing was originally scheduled for November 26 but has now been delayed indefinitely, with no new potential sentencing date on the calendar.
Judge Juan Merchan announced the adjournment in a letter on Friday morning.
In May, Trump was found guilty of 34 counts of falsifying business records to conceal a hush-money deal his former fixer made with adult movie actress Stormy Daniels to cover up an alleged affair ahead of the 2016 election.
Trump has repeatedly denied the allegations.
The halting of Trump’s sentencing gives his legal team time to prepare their case that his election victory means his felony convictions should be thrown out completely.
Trump’s team must submit their additional papers by December 2.
His spokesperson Steven Cheung called the sentencing delay a “decisive win.”
The New York hush money case stemmed from a $130,000 payment made by Trump’s former lawyer Michael Cohen to adult film star Stormy Daniels.
She had claimed that Trump and she had a sexual encounter in the 2000s, something he denies.
The money was to pay for Daniels’ silence ahead of the 2016 election.
A Manhattan jury found Trump guilty of falsifying business records to cover up his reimbursement of Cohen.
In May, Trump became the first US president – former or sitting – to be charged or convicted of a criminal offence.
Trump pleaded not guilty and portrayed Bragg’s actions as a politically motivated witch hunt, targeted to interfere with his 2024 presidential campaign.
If sentenced, Trump could have faced up to four years in prison for falsification of business records.
However, before the election, experts said that it was unlikely Trump would be jailed, with a fine or probation a more likely punishment.
Trump’s victory in November’s election over Kamala Harris made the prospect of prison or probation even trickier, as it could impede his ability to carry out the president’s duties.
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