Jack Smith asks for January 6 case against Donald Trump to be dismissed

WASHINGTON – Justice Department special counsel Jack Smith asked Monday to dismiss the criminal case against President-elect Donald Trump Down allegedly trying to steal the 2020 election.

The request was expected after Smith’s inquiry U.S. District Judge Tanya Chutkan suspension of all deadlines in the case. The department’s long-standing policy prohibits prosecution of sitting presidents, so Smith was expected to later settle both federal cases against Trump won the November 5 election.

“The Department of Justice has long held the position that the United States Constitution prohibits the bringing of a federal indictment and subsequent criminal prosecution of a sitting president,” Smith wrote in his six-page document. “This prohibition is categorical and does not affect the gravity of the crimes charged, the strength of the evidence presented by the Government or the merits of the accusation, which the Government fully supports.”

Trump spokesman Steven Cheung said the American people have demanded an end to the arming of the Justice Department, which was reflected in Trump’s election victory.

“Today’s decision by the Department of Justice ends the unconstitutional federal cases against President Trump and represents a major victory for the rule of law,” Cheung said.

Chutkan did not immediately respond to the request. Trump’s lawyers were not opposed to this.

Smith also withdrew an appeal to dismiss allegations that Trump mishandled classified documents after leaving the White House at the end of his first term.

U.S. District Judge Aileen Cannon dismissed the charges ruling, Smith was unlawfully appointed. Smith appealed the decision to the 11th U.S. Circuit Court of Appeals, but withdrew his appeal on Monday.

Senator J.D. VanceThe vice president-elect, R-Ohio, said that if Trump lost the election, he could spend the rest of his life behind bars.

“These accusations have always been political in nature,” he added. Vance said on social media. “Now is the time to ensure that what happened to President Trump never happens again in this country.”

The election interference charge accused Trump of conspiring to persuade state lawmakers to replace presidential electors with Republicans despite Democrat Joe Biden victories of these countries. Trump was also charged with obstructing Congress to encourage supporters protest at the Capitol on January 6, 2021, as lawmakers counted the Electoral College votes to confirm Biden’s victory – leading to pro-Trump riots.

Chutkan was in the process of considering whether Trump was immune from federal charges under Art Supreme Court verdict in July. The supreme court decided Former presidents are assumed to be protected from criminal charges for official acts while holding office, but is exposed to charges for private acts.

Trump argued that he was acting in his official role by urging then-Vice President Mike Pence to reject Democratic electors from key states and replacing them with GOP electors, and by encouraging federal and state officials to make baseless claims of election fraud. But Smith claimed he acted in private for their own good through electioneering to stay in office.

What will happen to other criminal cases against Trump?

Trump still faces uncertainty on two state-level issues in New York and Georgia, but neither is expected to interfere with his presidency. Smith wrote in a footnote to his motion that his rationale for withdrawing both cases stemmed from 1973 and 2000 opinions from the department’s Office of General Counsel, which deal only with federal cases.

in New York, Judge Juan Merchan postponed sentencing indefinitely following Trump’s conviction on 34 counts of falsifying business records to conceal hidden cash payments to a porn actress.

Manhattan District Attorney Alvin Bragg asked Merchan to defer sentencing until after Trump’s presidential term. But legal experts say it could violate Trump’s right to a speedy trial. Trump’s lawyers asked Merchan to completely dismiss the convictions.

In Georgia, The Court of Appeal canceled the scheduled hearing on December 5 for Trump’s argument that Fulton County District Attorney Fani Willis should be removed from the case because of her romantic relationship with another prosecutor.

Fulton County Chief Judge Scott McAfee has not set a trial date in the case pending a decision on the appeal. However, McAfee is not expected to lead Trump’s trial while he serves in the White House.