Special counsel Jack Smith on Monday requested a federal judge to dismiss the case accusing President-elect Donald Trump of attempting to overturn the 2020 election. This request is based on the longstanding Justice Department policy that protects sitting presidents from prosecution.
This announcement, detailed in court documents, signals the conclusion of the Justice Department’s significant attempt to hold Trump accountable for what prosecutors described as a criminal conspiracy to maintain power before the January 6, 2021, attack on the US Capitol by his supporters.
The Justice Department, referencing its longstanding guideline that a sitting president cannot be prosecuted, stated that the Constitution mandates the dismissal of this case before Trump’s inauguration.
Prosecutors wrote in Monday’s court filing, stating, “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 decision follows Smith’s team’s evaluation of how to conclude both the 2020 election interference case and the separate classified documents case following Trump’s victory over Vice President Kamala Harris. The Justice Department maintains that Trump cannot be prosecuted in line with the established policy protecting sitting presidents.
Trump has characterised both cases as politically driven and has pledged to dismiss Smith upon taking office in January. The 2020 election case, initiated last year, was initially seen as a significant legal challenge for the Republican as he sought to return to the White House. However, it quickly faced obstacles due to Trump’s broad claims of immunity for actions taken during his presidency.
In July, the US Supreme Court ruled for the first time that former presidents possess broad immunity from prosecution, remanding the case to US District Judge Tanya Chutkan to decide which allegations, if any, could proceed to trial.
The case was gaining momentum in the trial court in the weeks preceding this year’s election. In October, Smith’s team filed an extensive brief presenting new evidence they intended to use at trial, accusing Trump of resorting to criminal actions in a desperate attempt to overturn his electoral defeat to President Joe Biden.
Frances Ibiefo
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