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WASHINGTON: A US judge on Monday dismissed a federal criminal case against Donald Trump, accusing him of trying to overturn his 2020 election defeat.
The court’s ruling came as prosecutors tried to withdraw the case and another case, citing a Justice Department policy that prohibits prosecuting a sitting president.
U.S. District Judge Tanya Chitkin’s order ends federal efforts to hold Trump criminally responsible for his bid to seize power after his defeat in the 2020 election, which ends on January 6, 2021 in the U.S. capital. but was attacked by a mob. his supporters.
The move comes after Special Counsel Jack Smith, the lead prosecutor overseeing both cases, tried to drop his bid to dismiss the election case and reinstate a separate case that would have impeached Trump in 2021. He was accused of illegally retaining classified documents after leaving office after his first term as president. .
It represents a major legislative victory for the Republican president-elect, who won the US election on November 5 and is due to return to office on January 20.
The Justice Department policy cited by prosecutors dates back to the 1970s. It states that criminal prosecution of a sitting president would violate the US Constitution by impairing the ability of the nation’s chief executive to serve. Courts still have to approve both of the prosecution’s requests.
Prosecutors said in filings in the election conspiracy case that department policy requires the case to be dismissed before Trump returns to the White House.
“This conclusion is not based on the merits or strength of the case against the defendant,” prosecutors wrote in the filing.
Prosecutors indicated in the filing that they would still ask a federal appeals court to reinstate the case against two Trump associates accused of obstructing the investigation.
Trump spokesman Steven Cheung called it “a huge victory for the rule of law.”
Trump faces criminal charges in four cases — two brought by Smith and two in state courts in New York and Georgia. He was convicted in the New York case while the Georgia case, which also related to his efforts to overturn the 2020 election, is pending.
In a post on social media, Trump called Monday’s backlash against the lawsuits “a low point in the history of our country.”
The move by Smith, who was appointed by U.S. Attorney General Merrick Garland in 2022, represents a significant shift from the special prosecutor who indicted Trump in two separate cases and charged him with impeachment. Accused of crimes endangering electoral integrity and national security. Prosecutors acknowledged that the election of a president facing ongoing criminal charges has created an unprecedented dilemma for the Justice Department.
Chitkin left open the possibility that prosecutors could try to re-charge Trump after he leaves office, but prosecutors will likely face challenges bringing the case so long after being involved.
Trump pleaded not guilty in August 2023 to four federal charges accusing him of conspiring to obstruct vote collection and certification after his 2020 loss to Democrat Joe Biden.
Trump, who will oversee the Justice Department again as president, had been expected to order the federal 2020 election case to be dropped and Smith’s appeal over the documents.
Florida-based Judge Elaine Cannon, a Trump appointee to the federal bench, dismissed the classified documents lawsuit in July, ruling that Smith was unfit for his role as special counsel. was properly appointed.
Smith’s office appealed the decision and indicated Monday that the appeal will continue because it relates to Trump’s personal assistant, Walt Nota, and Carlos de Oliveira, the manager of his Mar-a-Lago resort. , who were previously indicted along with Trump. Case Nota and D’Olivia have both pleaded not guilty, as has Trump.
In the 2020 election case, Trump’s lawyers had previously said they would seek to dismiss the charges based on a July U.S. Supreme Court ruling barring former presidents from suing over official actions in the White House. Broad immunity is available.
Trump has denied wrongdoing in all cases and has argued that the US legal system has been turned against him to damage his presidential campaign. He vowed on the campaign trail that he would fire Smith if he returned to the presidency.
In May, Trump became the first former president to be convicted of a crime when a jury in New York found him guilty of felony charges related to hush money paid to a porn star before the 2016 election. His sentence in this case has been postponed indefinitely.
A criminal case against Trump related to the 2020 election is stalled in Georgia state court.
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