Judge rejects Jack Smith's election case against Trump

A federal judge has dismissed a major case against Donald Trump, alleging he illegally sought to overturn the 2020 election.

Jack Smith, the special prosecutor who brought the criminal case against Trump, had requested that the charges be dropped, citing a Justice Department policy that prohibits prosecuting a sitting president.

Judge Tanya Chutkan dismissed the case “without prejudice,” meaning the charges could be refiled after Trump finishes his second term.

Smith also requested that his case accusing Trump of improper storage of classified documents be dismissed. Trump pleaded not guilty in both cases.

The Justice Department has long held that the United States Constitution prohibits the federal indictment and subsequent criminal prosecution of a sitting president, Smith wrote in an election filing.

This result is not based on the merits or strength of the case against the defendant, Smith added in the six-page filing.

After leaving office, Trump crossed unprecedented legal territory for a former president, becoming the first to face a criminal trial and subsequent conviction in a case related to payment to adult film actress Stormy Daniels.

As of earlier this year, he was facing nearly 100 criminal charges related to the two federal and other cases. Then the Supreme Court ruled this summer that he couldn't be prosecuted for “official acts” performed as president, and Trump won the election a few months later. Today, almost all of those charges have been dropped, with prosecutions in the state of Georgia currently on hold.

Smith's request in the documents case, also seeking “without prejudice” dismissal, must also be approved by a judge,

Trump posted on his social media site Truth Social that the federal cases were “empty and illegal, and should never have been brought.”

“It was a political hijacking and a low point in our country’s history that such a thing could have happened, and yet, I persevered, against all odds,” he wrote.

Vice President-elect JD Vance said the lawsuits were “always political.”

“If Donald J. Trump had lost an election, he very well could have spent the rest of his life in prison,” he wrote on social media.

Trump had pledged to get rid of Smith as soon as he took office. Attorney General Merrick Garland appointed Smith in 2022 to take over the two federal investigations into Trump's conduct. Smith reportedly said he plans to step down next year.

The request to dismiss Trump's election subversion case marks the end of a long legal saga.

Smith had to refile election subversion charges against the former president, based on the Supreme Court's ruling that Trump was immune from certain prosecutions.

The special prosecutor had argued in a revised indictment that Trump's alleged efforts to overturn the results of the 2020 election were related to his campaign and therefore not official acts.

The 11th Circuit Court of Appeals was also considering Smith's appeal to pursue the classified documents case, in which Trump was accused of storing dozens of sensitive files at his Mar-a-Lago resort in Florida and obstructing the government's efforts to recover them. them. Judge Aileen Cannon, a Trump appointee, initially threw it out because she ruled that Smith had been improperly appointed to lead the case.

When Trump won the 2024 election this month, Smith began taking steps to end both cases, although he said in Monday's filing that the filing appeal would continue for two other defendants in the classified documents case, Trump employees Walt Nauta and Carlos De. Oliveira.

Trump's return to the White House also left several state-level criminal cases against him in limbo.

His sentencing for his New York State criminal conviction has been delayed indefinitely.

Meanwhile, in Georgia, where Trump also faces election subversion charges, an appeals court is considering overturning a previous ruling allowing Fulton County Prosecutor Fani Willis to stay on the case despite a relationship she had with a prosecutor she hired.

Since Trump won the 2024 presidency, his criminal problems have disappeared, said former federal prosecutor Neama Rahmani.

It is well established that a sitting president cannot be prosecuted, he said.

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