Special Counsel Drops Trump Cases, Citing DOJ Policy Against Prosecuting Sitting Presidents
Special Counsel Jack Smith has moved to dismiss two high-profile criminal cases against President-elect Donald Trump, citing a longstanding Department of Justice (DOJ) policy against prosecuting sitting presidents, Al Jazeera reports.
The cases, one alleging election interference and the other involving mishandling classified documents, were considered major legal threats to Trump’s campaign.
The DOJ filed motions on Monday to dismiss the election interference case, arguing that Trump’s upcoming return to the White House necessitates the dismissal before his January 20 inauguration. Prosecutors cited a DOJ policy dating back to the 1970s, which holds that prosecuting a sitting president would undermine their ability to function. This policy, they stated, mandates the dismissal of the charges. The motion to dismiss the election interference case was granted by US District Judge Tanya Chutkan.
Separately, the DOJ also dropped its appeal of a federal judge’s earlier dismissal of the classified documents case, delivering another significant victory to the President-elect. This case centered on allegations of Trump’s improper handling of sensitive government materials. A decision on this dismissal remains pending.
The election interference case accused Trump of conspiring to overturn the results of the 2020 presidential election, culminating in the January 6, 2021 attack on the US Capitol. Trump, who defeated Vice President Kamala Harris in the November 5th election, had pleaded not guilty to the charges, characterizing the cases as politically motivated “persecution.”
Trump’s team celebrated the DOJ’s decisions as a “major victory,” with the President-elect himself denouncing the cases as “empty and lawless” on his Truth Social platform.
The DOJ’s actions mark a dramatic shift from the aggressive prosecution pursued by Smith earlier this year. This development leaves Trump with two remaining criminal indictments: one in New York, related to a hush-money payment, where he has been convicted but not yet sentenced; and another in Georgia, concerning alleged efforts to overturn the 2020 election results, which remains ongoing. Trump is expected to dismiss Smith from his position upon assuming the presidency.
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