Special Counsel Moves to Dismiss Federal Cases Against President-elect Trump
Special Counsel Jack Smith made a significant move on Monday by filing to dismiss the federal cases against US President-elect Donald Trump. These cases, which included one for election subversion, were dropped due to an official policy that prohibits the prosecution of a sitting president.
The Election Subversion Case
Trump, at the age of 78, faced accusations of conspiring to overturn the results of the 2020 election he lost to Joe Biden. Additionally, he was accused of mishandling classified documents after his departure from the White House. However, neither of these cases ever made it to trial.
Smith, in a filing with the district judge in Washington overseeing the election case, argued that it should be dismissed in line with the long-standing Justice Department policy of not indicting or prosecuting a sitting president. He also cited the same reasoning for withdrawing his appeal of a ruling by a district judge, who dismissed the classified documents case earlier this year.
Smith requested that District Judge Tanya Chutkan dismiss the election interference case “without prejudice,” which means it could potentially be revived after Trump leaves office in four years.
Current Status of Cases
The special counsel paused the election interference case following Trump’s victory over Vice President Kamala Harris in the recent presidential election. Smith emphasized that the government’s position on the prosecution had not changed, but the circumstances had.
According to Smith, “It has long been the position of the Department of Justice that the United States Constitution prohibits the federal indictment and subsequent criminal prosecution of a sitting President. As a result, this prosecution must be dismissed before the defendant is inaugurated.”
Response from Trump
Trump took to Truth Social to express his views on the dismissed cases, calling them “empty and lawless” and stating that they should never have been brought against him. He criticized the Democratic Party for wasting over $100 million in taxpayer dollars in what he described as a fight against him, their political opponent.
Trump is facing accusations of conspiracy to defraud the United States and conspiracy to obstruct an official proceeding related to the certification of Biden’s win. He is also accused of attempting to disenfranchise US voters with his false claims of winning the 2020 election.
State Cases and Legal Proceedings
Aside from the federal cases, Trump is also dealing with legal challenges at the state level, particularly in New York and Georgia. In New York, he was convicted in May on multiple counts of falsifying business records to conceal a hush money payment to Stormy Daniels. The sentencing has been postponed as Trump’s lawyers seek to have the conviction overturned based on a Supreme Court ruling granting ex-presidents broad immunity from prosecution.
In Georgia, Trump faces racketeering charges for his actions to subvert the 2020 election results in the state. However, this case is likely to be put on hold while he is in office.
Conclusion
The decision to dismiss the federal cases against President-elect Trump raises questions about the intersection of legal proceedings and presidential immunity. As the legal battles continue, it remains to be seen how these cases will unfold and what implications they may have for future presidents.
FAQs
1. Can a sitting president be indicted?
According to the Department of Justice’s long-standing policy, a sitting president cannot be indicted or criminally prosecuted while in office.
2. What are the implications of the dismissal of these cases?
The dismissal of the federal cases against President-elect Trump may set a precedent for future cases involving sitting presidents and the limits of presidential immunity.