The special counsel's election case against Trump is dismissed by the judge
The special counsel's election case against Trump is dismissed by the judge
A significant case against Donald Trump that claimed he unlawfully attempted to void the 2020 election was rejected by a federal court.
Citing a Justice Department principle that prohibits the prosecution of a sitting president, special prosecutor Jack Smith,
who initiated the criminal investigation against Trump, has requested that the charges be withdrawn.
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Judge Tanya Chutkan dismissed the case "without prejudice," which means that after Trump's second term is over, the charges may be re-filed.
Smith has also requested the dismissal of his lawsuit accusing Trump of inappropriately retaining secret materials. In both cases, Trump had entered a not guilty plea.
In a brief in the election lawsuit, Smith stated, "The Department of Justice has long maintained that the United States Constitution prohibits the federal indictment and subsequent criminal prosecution of a sitting President."
In the six-page brief, Smith also stated, "This outcome is not based on the merits or strength of the case against the defendant."
After leaving office, Trump entered a legal realm never seen by a former president before, being the first to be charged with a crime and then found guilty in a case involving a payment he made to adult-film actress Stormy Daniels.
He was charged with around 100 crimes at the start of the year, including those related to the two federal prosecutions. Following the Supreme Court's
decision last summer that he could not face charges for "official acts" committed while in office, Trump won the election a few months later. Nearly all of those accusations have already been withdrawn, and a state prosecution in Georgia is presently on hold.
A court must also grant Smith's motion in the papers case, which similarly calls for a dismissal "without prejudice."
Trump said the federal lawsuits were "empty and lawless, and should never have been brought" in a statement on his social media platform Truth Social.
He added, "I persisted despite all odds, even though it was a political hijacking and a low point in our country's history that such a thing could have happened."
The prosecutions, according to vice president-elect JD Vance, were "always political."
He said on social media, "Donald J. Trump might have been imprisoned for the rest of his life if he had lost an election."
When Trump first took office, he promised to fire Smith. In 2022, Smith was chosen by Attorney General Merrick Garland to assume responsibility for the two federal investigations investigating Trump's actions. According to reports, Smith has stated that he intends to resign next year.
A protracted court battle has come to a conclusion with the plea to dismiss Trump's election subversion lawsuit.
Due to the Supreme Court's decision that Trump was exempt from certain punishment, Smith was forced to resubmit the accusations of election subversion against the former president.
In an amended indictment, the special counsel contended that Trump's purported attempts to influence the 2020 election results were campaign-related and not, thus, official conduct.
Smith's request to continue the classified materials case, in which Trump was charged with hiding dozens of private documents in his Mar-a-Lago property in Florida and impeding government efforts to recover them, was also being considered by the
Court of Appeals for the 11th Circuit. Judge Aileen Cannon, who was chosen by Trump, first dismissed it on the grounds that Smith was not legally selected to head the case.
Smith started moving to close both cases after Trump won the 2024 election this month, but he stated in the filing on Monday that the appeal of
the materials will go on for two more defendants in the case involving the secret data, Trump workers Walt Nauta and Carlos De Oliveira.
Additionally, a number of state-level criminal charges against Trump were in limbo upon his return to the White House.
His criminal conviction in the state of New York has resulted in an indefinite delay in his sentence.
In Georgia, where Trump is also charged with election subversion, an appeals court is debating whether to reverse a prior decision that let
Fulton County District Attorney Fani Willis to continue working on the case in spite of her connection with a prosecutor she recruited.
Neama Rahmani, a former federal prosecutor, said that Trump's criminal issues had disappeared once he was elected president in 2024.
"The prohibition against prosecuting a sitting president is well-established," he stated.

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