US prosecutors asked a US judge on Tuesday to dismiss the criminal case accusing President-elect Donald Trump of trying to overturn his 2020 election defeat, citing his imminent return to the presidency following his successful 2020 campaign. 2024.
Prosecutors working with Special Prosecutor Jack Smith cited a long-standing U.S. Justice Department policy that sitting presidents should not be criminally prosecuted.
The move represents a notable change from the special prosecutor who obtained indictments against Trump in two separate cases accusing him of crimes that threatened U.S. election integrity and national security.
It shows how Trump’s election victory over Democratic Vice President Kamala Harris was not only a political triumph but also a legal one.
Trump pleaded not guilty in August 2023 to four federal charges accusing the Republican of conspiring to hinder the collection and certification of votes following his 2020 loss to Democrat Joe Biden
Trump, who as president will again oversee the Justice Department, was expected to order an end to the 2020 federal election case and an attempt by Smith to revive a second case accusing Trump of illegally retaining classified documents after leaving office in 2021.
Justice Department policy, which dates back to the 1970s, holds that a criminal prosecution of a sitting president would violate the U.S. Constitution by undermining the ability of the country’s chief executive to function.
U.S. District Judge Tanya Chutkan will still have to approve the prosecutor’s request.
Trump’s lawyers had previously said they would seek to dismiss the charges based on a July U.S. Supreme Court ruling that former presidents have broad immunity from prosecution for official actions taken while in the White House.
Smith sought to salvage the case following the High Court ruling, dropping some charges but arguing that others were not covered by presidential immunity and could proceed to trial.
Chutkan would have to decide whether the immunity decision required dismissal of other parts of the case.
No date had been set for the trial.
The case was brought following an investigation led by Smith into Trump’s attempts to maintain power following his 2020 election defeat, culminating in the January 6, 2021 attack on the U.S. Capitol by a mob of his supporters following a fiery speech by Trump near the White Palace. House.
Trump denied any wrongdoing and argued that the American legal system had turned against him to damage his presidential campaign.
During the campaign he promised that he would fire Smith if he returned to the presidency.