United States special counsel Jack Smith has taken a significant step by moving to dismiss two high-profile criminal cases against President-elect Donald Trump, which had accused him of attempting to overturn his 2020 election defeat and mishandling sensitive government documents.
In a detailed court filing submitted in the election interference case, prosecutors on Monday cited Trump’s successful re-election campaign and a long-standing Department of Justice policy, which prohibits the prosecution of sitting presidents, as the primary reasons for dropping the charges.
They argued that the department’s policy, which dates back to the 1970s, is categorical and does not depend on the severity of the crimes or the strength of the evidence, emphasizing that a sitting president’s prosecution would undermine their ability to function as the country’s chief executive.
The filing stated, “It has long been the position of the Department of Justice that the United States Constitution forbids the federal indictment and subsequent criminal prosecution of a sitting President… 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.”
This development represents a remarkable shift in the special prosecutor’s stance, as Smith had previously obtained indictments against Trump in both cases, which had accused him of crimes that threatened the integrity of US elections and national security.
The second case, which dealt with the alleged mishandling of secret government documents, has also been dropped, with prosecutors announcing that they would not appeal a federal judge’s earlier dismissal of the case.
According to Al Jazeera’s Mike Hanna, reporting from West Palm Beach, Florida, the Justice Department’s decisions were “not unexpected” given its long-standing policy against prosecuting a sitting president, but questions remain about whether the federal charges can be revisited once Trump leaves office.
Hanna noted, “This is something that is a real grey area in terms of law… It is something that will be worked out in the weeks and months and possibly even years ahead. But there is a possibility that these charges could once again come up.”
‘Major victory’
The election interference case had accused Trump of conspiring to overturn the results of the 2020 presidential election, which he lost to Democratic President Joe Biden, with efforts culminating in the January 6, 2021, storming of the US Capitol building in Washington, DC, by a mob of Trump supporters.
Trump, who had argued that he was the victim of political “persecution” and pleaded not guilty to four federal charges in the case, is expected to dismiss Smith, who brought the charges, when he takes office next year.
US District Judge Tanya Chutkan granted the prosecution’s request to drop the election interference case, while a decision in the documents case was still pending on Monday afternoon.
Trump’s team hailed the Justice Department’s decisions as a “major victory,” with his communications director Steven Cheung stating, “Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law.”
Trump himself denounced the cases as “empty and lawless” in a post on his Truth Social website, writing, “It was a political hijacking, and a low point in the History of our Country that such a thing could have happened, and yet, I persevered, against all odds, and WON. MAKE AMERICA GREAT AGAIN!”
The Justice Department policy invoked in Monday’s court filings emphasizes that a criminal prosecution of a sitting president would violate the US Constitution by undermining the ability of the country’s chief executive to function.
Trump had faced a total of four criminal indictments, including two brought by Smith and two in state courts in New York and Georgia, with a conviction in the New York case and the Georgia case currently in limbo.
