Judge Disposes of Trump’s Election Subversion Case

A US judge has dismissed the federal criminal case accusing Donald Trump of trying to overturn his 2020 election defeat after prosecutors sought to drop that case and a second one against the president-elect, referring to a Justice Department policy that discourages prosecuting a sitting president.

The ruling from US District Judge Tanya Chutkan concludes the federal effort to hold Mr. Trump criminally accountable for his attempts to cling to power after losing the 2020 election, which culminated in the January 6, 2021, attack on the US Capitol by a mob of his supporters.

This decision followed Special Counsel Jack Smith, the lead prosecutor handling both cases, moving to dismiss the election case and cease efforts to revive a separate case alleging that Mr. Trump unlawfully retained classified documents after leaving office in 2021 at the end of his first presidential term.

It marks a significant legal victory for the Republican president-elect, who won the November 5 US election and is scheduled to return to office on January 20.

The ruling indicates that criminal prosecution of a sitting president would violate the US Constitution by undermining the ability of the chief executive to carry out their duties.

However, both requests from prosecutors still require court approval.

Prosecutors stated in a filing in the election subversion case that the department’s policy necessitated dismissal of the case before Mr. Trump resumes his position in the White House.

“This outcome is not based on the merits or strength of the case against the defendant,” prosecutors noted in the filing.

The case was initiated following an investigation led by Jack Smith into Donald Trump’s attempts to remain in power after his 2020 election defeat.

Mr. Smith’s office also moved to end attempts to revive the case related to Mr. Trump illegally retaining classified documents after his presidency ended in 2021. Nevertheless, prosecutors indicated they would request a federal appeals court to reinstate charges against two of Mr. Trump’s associates accused of obstructing that investigation.

Steven Cheung, a spokesperson for Mr. Trump, celebrated what he described as “a major victory for the rule of law.”

Mr. Trump faced criminal charges in four different cases—two brought by Mr. Smith and two in state courts in New York and Georgia. He was convicted in the New York case, while the Georgia case remains unresolved.

In a social media post, Mr. Trump described the legal cases as a “low point in the History of our Country.”

The actions taken by Mr. Smith, appointed in 2022 by US Attorney General Merrick Garland, represent a significant turnaround from the special prosecutor who previously obtained indictments against Mr. Trump in two separate cases for crimes that threatened US election integrity and national security.

Prosecutors acknowledged that the election of a president facing ongoing criminal cases presented an unprecedented dilemma for the Justice Department.

This scenario illustrates how Mr. Trump’s election victory over Democratic Vice President Kamala Harris was not only a political triumph but also a legal one. Mr. Trump pleaded not guilty in August 2023 to four federal charges alleging he conspired to obstruct the collection and certification of votes after his 2020 defeat by Democrat Joe Biden.

As president, Mr. Trump is expected to oversee the Justice Department again, likely ordering the cessation of the federal 2020 election case and Mr. Smith’s appeal in the documents case.

Steven Cheung praised what he termed ‘a major victory for the rule of law.’

Judge Aileen Cannon, appointed to the federal bench by Mr. Trump, previously dismissed the classified documents case in July, ruling that Mr. Smith’s appointment as special counsel was improper.

Mr. Smith’s office had been appealing that ruling and suggested that the appeal would continue regarding Mr. Trump’s personal aide, Walt Nauta, and Carlos De Oliveira, a manager at his Mar-a-Lago resort, who had previously been charged alongside Mr. Trump in the case.

Both Mr. Nauta and Mr. De Oliveira have pleaded not guilty, along with Mr. Trump.

In the election case, Mr. Trump’s lawyers had previously indicated they would seek to dismiss the charges based on a US Supreme Court ruling in July, which asserted that former presidents have broad immunity from prosecution for official actions taken during their presidency.

Mr. Smith attempted to salvage the case post-ruling by dropping some allegations while arguing that the remaining charges were not covered by presidential immunity and should proceed to trial.

Judge Tanya Chutkan was expected to rule on whether the immunity decision necessitated the dismissal of other aspects of the case. A trial date originally scheduled for March 2024 had not been rescheduled.

The case was initiated following an investigation spearheaded by Mr. Smith regarding Mr. Trump’s attempts to retain power after his 2020 election defeat, leading to the January 6, 2021, assault on the US Capitol by a mob of his supporters following an inflammatory speech near the White House.

Mr. Trump has denied any wrongdoing and claimed that the US legal system has been weaponized against him to undermine his presidential campaign. He vowed during the campaign to dismiss Mr. Smith if he returned to the presidency.

In May, Mr. Trump became the first former president to be convicted of a crime when a jury in New York found him guilty on felony charges related to hush money payments made to an adult film star before the 2016 election.

Sentencing in that case has been indefinitely postponed.

The criminal case against Mr. Trump in Georgia state court concerning the 2020 election is at a standstill.

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