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Prosecutors drop election interference, document cases against Trump | Donald Trump

Prosecutors drop election interference, document cases against Trump | Donald Trump

 


Special prosecutors on Monday dismissed the two federal criminal cases against Donald Trump in separate court filings as they bowed to the reality that they would not be completed or tried before Trump returns to the presidency next year.

The withdrawals marked the end of a years-long legal battle between Trump and special counsel Jack Smith and reflect Trump's extraordinary ability to avoid an indictment that would have derailed anyone's presidential bid. other.

Trump's election victory was always going to mean an end to criminal charges against him over Trump's retention of classified documents and his efforts to overturn the 2020 election due to Justice Department policy that prohibits taking criminal action against a sitting president.

But the withdrawals also showed how Trump, with the help of sympathetic judges, was able to beat the legal system by using a presidential campaign and the political calendar to avoid deeply perilous charges.

In a six-page motion to dismiss the 2020 election interference case, prosecutors said that even though Trump was not yet president, the department's Office of Legal Counsel, which provides internal legal advice, their had asked to withdraw the case before his inauguration in 2020. January.

The Justice Department has long held that the United States Constitution prohibits federal indictment and subsequent criminal prosecution of a sitting president, Smith's top deputy, Molly Gaston, wrote.

This ban is categorical and does not depend on the seriousness of the crimes charged, the strength of the government's evidence or the merits of the prosecution, which the government fully supports, she added.

Moments later, prosecutors told the U.S. Court of Appeals for the 11th Circuit that they were withdrawing their challenge to the case's earlier dismissal of classified documents about Trump.

But they said they would continue to try to bring charges against Trump's co-defendants, Walt Nauta and Carlos De Oliveira — although it was unclear whether those charges would also be dropped once the attorney general Trump loyalist Pam Bondi will have taken the reins of the Justice Department.

From the Mar-a-Lago club in Florida, the site of the presidential transition where Trump allegedly hid 101 classified documents after leaving office and was indicted after ignoring a subpoena for their return, the communications director of Trump's Steven Cheung issued a joyful statement on the news.

Today's DOJ decision ends the unconstitutional federal prosecution of President Trump and is a major victory for the rule of law. The American people and President Trump want to immediately end the political militarization of our justice system, Cheung wrote.

Days after Trump's victory, prosecutors began considering how to file the 2020 election case in federal district court in Washington, as well as the more complex classified documents case that was before the court U.S. Court of Appeal from the 11th Circuit.

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Trump launched his 2022 presidential campaign amid a looming special counsel investigation into his possession of national security documents at his Mar-a-Lago club after losing the 2020 presidential election and leaving the White House.

He has repeatedly told supporters at rallies and in public statements that he is running for his literal freedom, urging voters to return him to the presidency, in part because the accusations would only go away if he was re-elected.

Trump also vowed to pursue federal prosecutors and investigators involved in the cases. In anticipation of expected legal retaliation, Smith and his top deputies are expected to resign from the Justice Department before Trump's inauguration, the Guardian reported.

For months, Trump's overall legal strategy was to delay criminal cases until after Tuesday's election, counting on the fact that if he won, he could appoint a loyalist attorney general who would simply drop the charges.

He failed to delay his criminal case in New York, related to his efforts to influence the outcome of the 2016 election through an illegal hush money scheme, and for which he was convicted of 34 charges. Sentencing was postponed sine die.

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2/ https://www.theguardian.com/us-news/2024/nov/25/trump-criminal-case-dismissed

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