Justice Department Moves To Drop Donald Trump’s Two Criminal Cases (UPDATE)

Special counsel Jack Smith moved to abandon two criminal cases against Donald Trump on Monday (Nov. 25). Smith acknowledged that Trump’s return to the White House would make attempts impossible to prosecute him federally for keeping classified documents or trying to overturn his 2020 election loss.

The decision to drop the cases was inevitable, per The Associated Press. Justice Department policy states that sitting presidents cannot face criminal prosecution. Smith’s decision to abandon the cases is the grand finale to a never-before-seen chapter in political and law enforcement history.

Details On Special Council Decision To Drop Donald Trump’s Cases

In court filings, Jack Smith’s team emphasized that the move to abandon their prosecutions does not mean the criminal cases weren’t valid. Instead, this situation reminds us of the legal shield that surrounds any commander-in-chief.

“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, which the Government stands fully behind,” the prosecutors wrote in one of their filings.

However, Smith’s team said two people in the classified documents case are still facing charges. Those people include Donald Trump’s valet, Walt Nauta, and Mar-a-Lago property manager Carlos De Oliveira. According to prosecutors, “no principle of temporary immunity applies to them.”

The election case against Trump was once seen as a serious threat to his election run. He was indicted for plotting to overturn his defeat to Joe Biden in 2020. Those efforts went wild after his supporters’ violent attack on the U.S. Capitol on Jan. 6, 2021. But the cases quickly hit a pause over legal arguments about whether he’s immune from prosecution.

The U.S. Supreme Court ruled in July for the first time that former presidents have broad immunity from prosecution. However, the case was just beginning to pick up steam again in the trial court in the weeks before this year’s election. In October, Smith’s team filed a lengthy brief laying out new evidence they planned to use against him at trial. They accused him of “resorting to crimes” in a desperate effort to overturn the will of voters after he lost to Biden.

The separate case involving classified documents is legally clear-cut. That’s because the alleged crimes occurred after Trump left the White House and lost the presidency’s powers. The indictment included dozens of felony counts accusing him of illegally hoarding classified records from his presidency at his Mar-a-Lago estate in Palm Beach, Florida. He was also charged with obstructing federal efforts to get them back. He has pleaded not guilty and denied wrongdoing.

The case quickly became snarled by delays. U.S. District Judge Aileen Cannon was slow to issue rulings while entertaining defense motions and arguments. In May, she indefinitely canceled the trial date. She cited a series of unresolved legal issues before dismissing the case all the way two months later. Smith’s team appealed the decision but has now given up that effort.

Trump’s Team Reacts To The News

Steven Cheung, Donald Trump’s incoming White House communications director, welcomed the decision to drop the cases against the president-elect. He described it as a “major victory for the rule of law.”

“The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country,” Cheung said in a statement.

Trump has long described the investigations as politically motivated. Additionally, the future 47th president has vowed to fire Smith as soon as he takes office in January. Now, Donald will re-enter the White House free from criminal charges from the government that he will lead.

Associated Press staff ALANNA DURKIN RICHER, ERIC TUCKER, CHRIS MEGERIAN, and COLLEEN LONG contributed to this story.